Family Law

Child Custody in Allegheny County (Part 2 of 7)

Posted on December 1 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here.

The custody mediation session gives parents an opportunity to meet with a trained mediator to address issues related to meeting their child(ren)’s needs and to finalize a custody arrangement. Neither children nor attorneys participate in the mediation. Parents meet with a mediator for about two hours to discuss approaches to a successful parenting plan.

The goal of mediation is for parents to create their own custody plan, called a Memorandum of Understanding. Mediation is not therapy and does not include legal advice. Rather, the mediation process encourages adults to work together and to be responsible for their own parenting decisions.

Mediation sessions are confidential. The discussions during mediation cannot be recorded or copied. The mediator cannot be required to testify in court. Mediators are often attorneys or mental health professionals with advanced degrees, in addition to having basic and ongoing advanced training in mediation.

To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 1 of 7)

Posted on November 26 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session.

The educational seminar, which takes place at Wightman School Community Building in Squirrel Hill, is approximately three hours in length and aims to offer parents the skills to reach their own resolution on custody issues. The seminar addresses several topics, including: building a co-parent relationship; developing ways to communicate and problem-solve; helping children cope effectively with their changing family; and identifying how parent conflict can affect the behavior of children.

The educational seminar is also required for children ages 6 to 15, who are grouped by age so that they can identify and share with other children similar experiences in their families. These groups are facilitated with activities, discussions, art, music and play.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Dave Wins PFA Hearing, Seeks Custody of Kids

Posted on November 14 2013 by Todd Spivak and Rebecca Canterbury

After 17 years of marriage, Tara decided she wanted a divorce from her husband Dave (not their real names). He suggested marriage counseling, if only for the sake of their teenage children, but Tara refused. “I’m going to destroy you in court,” she snapped at him. One morning, after several days of getting the silent treatment from his wife, Dave lost his cool and slammed the palm of his hand against the kitchen stove. Tara went to the county courthouse and received a temporary Protection From Abuse (PFA) order against her husband.

Later that day, a police officer arrived at their home and handed Dave the restraining order, which stated that he was evicted from his home, effective immediately, and that he could not have any contact whatsoever with his wife or kids until the PFA hearing. Emotionally devastated, Dave scrambled to find a friend or relative to take him in for a few weeks.

Seeking an experienced PFA defense lawyer, Dave retained Spivak Law Firm to represent him. Dave had never been apart from his family for so long. Feeling anxious and estranged, he attended his PFA hearing with a feeling of dread. Tara wanted a three-year PFA, the maximum duration allowed by law. We requested a hearing before the judge.

Tara testified that she and was afraid of Dave, but on cross-examination she admitted that Dave only hit the stove – not her or the children. Tara then testified that she never cheated on Dave, which damaged her credibility when Dave’s attorney produced love letters that she had recently written to another man. In the end, Tara confessed to simply wanting Dave out of the house so she could pursue her new love interest.

After a brief recess to consider all the evidence, the judge denied Tara’s request for a final PFA. Feeling relieved, Dave smiled for the first time in weeks. Dave and his attorney then left the courtroom to discuss their next legal actions: expunging the PFA from his record and filing for shared custody of the children.

Spivak Law Firm has extensive experience defending people against domestic-abuse accusations and asserting child custody rights. To speak with a Pittsburgh family law attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

What is Family Law?

Posted on November 1 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:

Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.

Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.

Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.

Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.

Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.

Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.

Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.

Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.

Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.

Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.

Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.

Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.

To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Who Can File for Child Custody in Pennsylvania?

Posted on October 25 2013 by Todd Spivak and Rebecca Canterbury

To seek custody rights over a minor child, a person must have “legal standing.” A child’s biological parents have legal standing to file a custody action. Who else can file for custody? A person who has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time may have legal standing. Additionally, grandparents may have legal standing to seek custody of their minor grandchildren in limited circumstances as described here.

Spivak Law Firm provides strong, compassionate representation in child custody matters. To schedule a free consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What If Your Ex Violates the Custody Order?

Posted on October 12 2013 by Todd Spivak and Rebecca Canterbury

You have a child custody order, but your ex continually violates it. Maybe your ex withholds the child during your custody time or fails to return the child on time. Or maybe your ex unilaterally makes big decisions about where the child goes to school without receiving your input or consent. What can you do?

When a child custody order is entered, family courts expect both parents to comply with its terms. You may seek to hold a non-compliant parent in contempt of court. If a parent is found to be in contempt for failing to follow the court order, the other parent may be awarded make-up time for the missed visits as well as other sanctions such as payment of attorney fees.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Dad Wins Sole Custody of Child

Posted on September 25 2013 by Todd Spivak and Rebecca Canterbury

What should you do if somebody kidnaps your child? Call the police, right? But what if the police won’t help? This was Reggie’s dilemma when he recently called Spivak Law Firm seeking help.

Reggie and Arlene (not their real names) had a son but were never married. They never bothered to get a custody order because they figured they did not need one.

Both parents were very involved in their child’s life. They lived close to one another in the same school district just outside Pittsburgh. The child had his own room at each of their residences. Reggie coached his son’s sports teams. “We never had any problems sharing our son,” says Reggie.

But then Arlene died suddenly from cancer. Arlene’s sister (the child’s aunt) one day took the child and refused to give him back. Reggie called the aunt repeatedly but she would not take his calls.

So Reggie went to the police. But they refused to get involved in a child custody matter. Then Reggie went to his local magistrate who also refused to help but advised him to get an attorney.

Reggie was emotionally distraught when he arrived at our offices carrying a copy of his son’s birth certificate. A family member had effectively kidnapped his child and it seemed nobody would help him.

Spivak Law Firm promptly filed an Emergency Motion for Special Relief at the Allegheny County Court of Common Pleas – Family Division. Our petition explained the situation. We sought a Court Order giving Reggie sole custody of his child and the immediate return of the boy to his father with the help of police.

The next day, the judge granted our request and signed the Court Order.

Leaving the courthouse, Reggie looked at his attorney with tears in his eyes. “Thank you, thank you, thank you,” he whispered. Then he ran to claim his child.

At Spivak Law Firm, we provide strong, compassionate representation in child custody matters. To speak with an experienced child custody lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

Understanding Alimony in Allegheny County

Posted on September 12 2013 by Todd Spivak and Rebecca Canterbury

Can you still get alimony even if you had an affair during the marriage?

Yes. Under Pennsylvania law, courts consider 17 factors when determining whether to order alimony. Adultery and other forms of marital misconduct represent just one of those factors. Other factors include the duration of the marriage, the standard of living established during the marriage, and the relative needs of the parties. Courts will consider adultery only if it occurred prior to the date of final separation between the parties. A person cannot continue to receive alimony after moving in with a new partner, unless the parties agree otherwise.

To speak with an Allegheny County divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Grandparent Custody Rights in Pennsylvania

Posted on September 7 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, a grandparent may seek custody rights over a grandchild under one of the following three scenarios:

Scenario #1: The grandparent has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time. This is known as acting in loco parentis – or acting “in the place of a parent.”

Scenario #2: A grandparent who has not acted in loco parentis still may seek custody of the child if:
- A parent of the child allowed the grandparent to form a relationship with the child; and
- The grandparent is willing to take responsibility for the child; and
- One of the following circumstances exists:
  - The child is deemed “dependent” under Pennsylvania’s child abuse and neglect law; or
  - The child is deemed substantially at risk due to parental abuse, neglect, drug or alcohol use, or incapacity; or
  - The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

Scenario #3: A grandparent may seek partial physical custody or supervised physical custody in the following situations:
- The parent of the child has died; or
- The parents of the child have been separated for at least six months or have started divorce proceedings; or
- The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

To learn more about grandparent custody rights in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Dad Loses Child Custody Due to PFA

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Rick (not his real name) never spent a single night away from his 4-year-old daughter until his wife got a temporary Protection From Abuse (PFA) order against him. The PFA evicted Rick from his home and restricted him from having any contact with his child until the PFA hearing some two weeks away.

Rick’s wife got the PFA on grounds that he threatened her during an argument and hit her once several years ago. Rick says these things never happened.

Rick’s wife did not include their child as a protected party on the PFA. Rick is not accused of ever harming or threatening to harm his little girl. Still, the court took Rick’s daughter away by denying him any custodial or visitation rights until the hearing.

Rick figures that his wife filed the PFA to gain leverage in their imminent divorce and child custody battle. Emotionally devastated, Rick continues to wait for his day in court.

Spivak Law Firm provides strong representation in all family law matters. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.