Family Law

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.

What Happens If You Don’t Pay Child Support?

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Child support payments in Pennsylvania continue until a child turns 18 or graduates from high school, whichever occurs later. If you owe child support but do not pay it, there are several enforcement measures that may be taken against you, including:

Your wages may be withheld
Your federal and state income tax refunds may be taken
Your bank or credit union may be ordered to turn over your financial assets
Major credit bureaus may be alerted
The following licenses may be suspended, denied, or not renewed:
- Driver’s license
- Commercial driver’s license
- Professional or occupational license
- Fishing license
- Hunting license
Your passport may be denied or not renewed
Your lottery winnings may be taken
Your name may be published in the newspaper
Your overdue support may become a lien against all real estate that you own in Pennsylvania
You may be fined or imprisoned for up to two years

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

Celebrities and Restraining Orders

Posted on August 3 2013 by Todd Spivak and Rebecca Canterbury

Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.

White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.

In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.

In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.

In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.

In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.

Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Driver’s License Suspension Laws

Posted on July 20 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your driver’s license will be suspended or revoked if you are convicted of any of the following traffic violations:

-Operating a vehicle while under the influence of drugs or alcohol (DUI);

-Failure to stop when you are driving a vehicle involved in a crash (hit-and-run offense);

-Driving when your driver’s license is already suspended or revoked;

-Second or any additional offense of driving without a valid driver’s license within a five-year period;

-Failure to stop for a school bus with its red lights flashing and stop arm extended;

-Failure to comply with a railroad crossing gate or barrier;

-Driving without lights to avoid identification;

-Fleeing from a police officer;

-Racing on highways;

-Reckless driving;

-Felony involving a vehicle; and

-Homicide by vehicle.

If your driving privilege is going to be suspended or revoked, a written notice will be mailed to you listing the date when the suspension or revocation will begin. Your driver’s license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice, or the state police and local police will be notified to pick up the driver’s license.

For more information about restoring your driver’s license in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Change Your Child Support Order

Posted on July 14 2013 by Todd Spivak and Rebecca Canterbury

Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:

A parent’s income significantly increases or decreases;
The child now has significant or continuing medical expenses;
There is a change in child care;
There is a change in medical insurance;
The parents now live together;
The child receiving support has turned 18 and graduated from high school;
The child starts living with the noncustodial parent or someone other than the custodial parent
The noncustodial parent is incarcerated
Other substantial changes in circumstance occur

To learn more about changing your child support order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania PFA Orders Restrict Contact

Posted on July 7 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order is commonly known as a restraining order or no-contact order. Under Pennsylvania law, “no contact” includes: no physical contact; no phone calls; no emails; no text messages; no mailing letters; no sending flowers, boxes of candy, or gifts of any kind; and no third-party contact, such as sending messages through friends, relatives, neighbors, religious leaders, or acquaintances. If you’ve been served with a PFA, do not try to persuade the plaintiff into withdrawing the PFA. Violating a PFA order can result in a six-month jail sentence and a $1,000 fine.

Spivak Law Firm provides strong representation for people at PFA hearings and Indirect Criminal Contempt (ICC) hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.

How Courts Divide Property In Divorce

Posted on June 22 2013 by Todd Spivak and Rebecca Canterbury

Who gets the toaster? Who gets the couch? Who gets the car? Who gets the house? At its most basic level, divorce is about people splitting up and figuring how to split up their stuff.

Parties can always bypass the courts and figure this out for themselves with the help of a mediator or collaborative divorce attorney. Spivak Law Firm is certified in mediation and collaborative divorce.

In Pennsylvania, the formal process for dividing property through the courts is equitable distribution. Equitable does not mean equal; it means fair.

A court looks at several factors to determine how to fairly divide the parties’ marital assets and debts. Marital fault does not play any role here. Evidence of adultery or domestic violence does not affect equitable distribution.

According to Pennsylvania law, the court may consider each marital asset independently and apply a different percentage to each marital asset. Some key factors relevant to equitable distribution include:

–The length of the marriage;

–The needs of the parties;

–The income, job skills, and employability of each party;

–The standard of living of the parties established during the marriage;

–The contribution of each party in the acquisition of the marital property, including the contribution of the party as a homemaker; and

–The tax consequences associated with each asset.

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

Paying Child Support in Pennsylvania

Posted on June 4 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, most child support is paid by income withholding, or wage garnishment, as ordered by the court and maintained in the state’s Child Support Enforcement System, which is the state’s child support computer.

Pennsylvania maintains monthly support orders, which charge the first of each month. If your employer gets a court order, the employer will take child support out of your pay and send it to the state’s Support Collection and Disbursement Unit (SCDU).

Support can also be taken from your unemployment compensation, workers’ compensation, Social Security, and retirement and pension benefits.

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

7 Tips For Avoiding High-Conflict Divorce

Posted on May 19 2013 by Todd Spivak and Rebecca Canterbury

Even the most civil divorce can be devastating emotionally and financially. But high-conflict divorce – in which parties litigate over all aspects of the divorce, including custody, child support, alimony, and property division – can be especially damaging. Protect yourself by following these tips for avoiding high-conflict divorce:

1. Develop an emergency plan.

Your partner could assault or evict you at any time. Figure out a safe place to go, and get some ready cash, and think about who can help you on short notice. Copy important records and keep them in a safe place.

2. Keep a journal.

As soon as possible after they occur, write down accurate details of problems and events between you and your partner that could become issues in court. Keep a journal or other written record of anything pertinent. Save email and text-message correspondence in a safe place, especially copies of hostile and harassing exchanges.

3. Think before hitting “send.”

Communicate very carefully and respectfully with your partner, because anything may be introduced into evidence. Make any emails, whether initiated by you or in response to your partner, brief, informative, friendly, and firm. This is especially true if your partner’s emails are hostile.

4. Seek counseling.

Obtain a therapist to help you understand your partner’s behavior, anticipate problems, deal with your emotions around the divorce or separation, and learn about yourself.

5. Retain a family law attorney.

Hire an attorney with good communication skills, and consult with this professional to prepare for predictable crises and accusations.

6. Avoid social media.

Delete your Facebook, Twitter, or any other publicly accessible online social networking account. You may wish to erase your browsing history from your computer. Make sure your passwords are secure. Make sure that what you want to keep private, such as letters or lists, is kept private.

7. Reach out to loved ones.

Tell your family and friends what to expect, how to respond, how they can help, and how to avoid splitting either of you into being viewed as all good or all bad.

This list was adapted from Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder.

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