Spivak Law Firm

Based in Pittsburgh, PA

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Types of Domestic Violence

Posted on May 9 2013 by Todd Spivak and Rebecca Canterbury

77005984At Spivak Law Firm, we handle many cases involving allegations of domestic violence, including: Protection From Abuse (PFA), criminal charges such as assault and harassment, and high-conflict divorce and child custody matters. According to family law experts, there are four distinctly different types of domestic violence:

1)    Battering: Also known as coercive controlling violence, battering involves a pattern of power and control by one partner and a pattern of fear in the victim partner. There may not be frequent violence, but when violence occurs, it can be severe and result in bruises, broken bones, and even death. The victim often becomes isolated, loses self-esteem, and finds it very hard to leave. Most batterers seem to have characteristics of borderline, narcissistic, or anti-social personalities.

2)     Situational Couple Violence: This type of domestic violence is the most common type. Instead of a pattern of power and control, both parties in the couple have difficulties resolving conflict peacefully and get into pushing and shoving types of behavior, sometimes with injuries. Neither party lives in fear of the other, and the violence is generally less severe. Research shows that men and women engage in this type of violence fairly equally.

3)    Separation-Instigated Violence: Sometimes there are one or two incidents at the time of separation, but no prior history of violence. Both parties may engage in this behavior, and it is fairly equal among males and females.

4)    Violent Resistance: This term is used when a victim of a batterer fights back, sometimes injuring the usual perpetrator. Sometimes, batterers set up a spouse to fight back, then call the police. Sometimes victims get arrested because of one injury to the batterer, while the batterer gets away with numerous injuries on other occasions that the victim does not report.

To schedule an appointment with an attorney experienced in cases involving allegations of domestic violence, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Is Divorce Bad for Children?

Posted on March 20 2013 by Todd Spivak and Rebecca Canterbury

111787230Is divorce bad for children? “Yes, obviously,” may be your knee-jerk response, but a recent article in Scientific American points to studies showing that in the long run divorce adversely affects only a small percentage of kids.

There are many conflicting studies about the long-term consequences of divorce on children. According to University of California professor Judith Wallerstein, most adults who were children of divorce experience depression and relationship issues. But research by University of Virginia professor E. Mavis Hetherington shows that only 15 percent of adult children of divorce experience greater problems than those from stable families.

There seems to be a consensus, however, that many children experience short-term negative effects from divorce, such as anger and anxiety. According to Hetherington’s study, such effects typically diminish or disappear by the second year post-divorce.

At Spivak Law Firm, we believe strongly in protecting children through the divorce process. We handle many high-conflict divorces with issues of child custody, child support, and protection from abuse (PFA). To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Child Custody

Posted on February 18 2013 by wirthdesign

Pittsburgh PFA and Child Custody

In Allegheny County, courts often give a PFA plaintiff sole custody over the parties’ children until the PFA hearing.

This can be a devastating to a PFA defendant, who may go weeks having limited or no contact with his or her kids.

Spivak Law Firm is uniquely qualified to represent PFA defendants when children are involved due to our focus on both family law and criminal defense.

We are experienced at defending people accused of abuse while also protecting their child custody rights.

We work hard to ensure that our PFA clients get substantial time with their children as soon as possible. In many cases, we are able to obtain shared 50/50 custody for our clients even while the PFA remains active.

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

PFA Defense and Child Custody Attorneys

In Allegheny County, very few PFA cases go before a judge. Instead, the parties’ attorneys usually are able to reach an agreement. In many cases, a plaintiff will agree to withdraw the PFA if the defendant agrees to a civil no-contact order. Unlike a PFA, violating a civil no-contact order does not result in criminal charges.

If the parties have children, their attorneys may negotiate a child custody arrangement as part of the order. This represents a fast, inexpensive way to resolve child custody issues at least on a temporary basis. Thus, it is important that your PFA lawyer have experience handling child custody matters to get you the most possible time with your kids.

For more information about how to resolve child custody issues at your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody FAQ

Posted on June 21 2012 by wirthdesign

Child Custody:

Frequently Asked Questions

Can you represent me in my child custody matter?
Yes. Spivak Law Firm represents people in child custody matters throughout Pittsburgh and Southwestern Pennsylvania. We use our strong negotiation skills to create a custody arrangement that preserves your finances and protects the emotional health of you and your child. We are experienced trial lawyers skilled at resolving high-conflict cases involving parental alienation, mental health conditions, domestic violence, and substance abuse. To schedule an appointment with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is child custody?
Child custody refers to the legal and practical relationship between parent and child. There are two types of custody: legal custody and physical custody. Legal custody is a parent’s authority to make important decisions involving the child’s health, education and religion. In Pennsylvania, legal custody is shared by both parents in most cases. Physical custody refers to the parent with whom the child primarily resides. Pennsylvania law further defines physical custody based on the number of overnights each parent spends with the minor child. To learn more about child custody, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Who decides the child custody arrangement?
In most cases, the parents establish a custody arrangement that best serves their family’s needs and schedules with the help of their attorneys. At Spivak Law Firm, we have helped hundreds of clients resolve their child custody matters. If the parents cannot work out a parenting arrangement, then the court will decide for them based on what it believes is in the child’s best interests after a trial. The formal legal process begins with the filing of a Custody Complaint. The court may order home studies and psychological evaluations. For help creating a child custody plan, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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When should a custody agreement be reached?
It is best to have a written custody arrangement in place either before or immediately after the parents separate. If delayed, the parents may be stuck with a court order that severely restricts their ability to see their kids for a year or more. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How does a court decide child custody issues?
The court decides custody issues by determining what is in the child’s best interests. In making this decision, the court considers many factors, such as: the age and health of the children; the relationships of the children with siblings and extended family members; the wishes of the children; the parents’ work schedules and living arrangements; the parents’ daily involvement with the children; the parents’ ability to communicate and cooperate regarding the children; and the history of domestic violence, if any. To have an experienced child custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is the Generations program in Allegheny County?
Generations is a three-step program in Allegheny County that aims to resolve custody disputes without the emotional and financial costs of a custody trial. First, the program requires parents to attend an educational session on the court process. Then the parents are required to attend mediation to resolve any custody disputes. If the mediation is unsuccessful, the spouses meet with their attorneys present in a custody conciliation for a last-chance attempt to resolve custody matters before going to trial. To learn more about Generations or similar programs in other Pennsylvania counties, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What are the penalties for not following a child custody order?
A parent who fails to comply with a child custody order may be held in civil contempt. A court can: award make-up days or time for missed periods of custody; impose attorney fees; and even transfer custody to the non-custodial parent. To learn more, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Child Custody

Posted on June 21 2012 by wirthdesign

Pittsburgh Child Custody Lawyers

At Spivak Law Firm, we aim to minimize the emotional and financial costs of a child custody battle by negotiating a settlement that preserves your finances and protects the emotional health of you and your children. If a settlement cannot be reached, we use aggressive litigation and trial strategies in an attempt to achieve your goals by showing the court why the custody arrangement you seek is in the child’s best interests.

High-conflict child custody cases often involve issues of domestic violence, child abuse, substance abuse, and mental-health problems. We are skilled at handling these issues and clearly explain to our clients their potential legal consequences on child custody matters.

Spivak Law Firm offers strong, compassionate representation in child custody matters. To schedule an appointment with an Allegheny County child custody attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

Parental Alienation In Allegheny County

At Spivak Law Firm, we have extensive experience handling complex, high-conflict child custody cases that involve:

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

Types of Child Custody in Pennsylvania

Under Pennsylvania law, there are two main types of custody: legal custody and physical custody. Legal custody refers to a parent’s authority to make important decisions that affect the child on matters such as education, medical care, and religion. Legal custody is usually shared by the parents.

Physical custody, meanwhile, is a parent’s actual physical possession and control of the child. It refers to the parent with whom the child physically resides. Courts rarely award one parent with sole physical custody of the child unless there is evidence of physical abuse.

Physical custody is often shared equally between the parties. Alternatively, one parent may have primary physical custody of the child while the other has partial physical custody, which enables that parent to take possession of the child overnight every other weekend.

To discuss the custody arrangement that best fits your family’s needs, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Making Your Own Child Custody Plan

Parents often can agree on the best type of custody arrangement for their families. This spares them the stress and expense of a custody trial.

In such cases, we help by formalizing the custody arrangement into a custody order that gives each party the right to enforce the agreement if future disputes arise. A parent who is found to be in contempt of a custody order may face harsh sanctions, including having to pay the other parent’s attorney fees or a transfer of custody to the other parent.

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

Child Custody Process in Pennsylvania

If the parents cannot agree on a custodial plan, the court will make this decision for them. The process begins with the filing of a custody complaint. Many Pennsylvania counties, including Allegheny County, then require the parents to attend an educational class that explains the court process, a mediation session to possibly resolve the issues without attorneys present, and finally a custody conciliation where the attorneys try to negotiate a resolution.

If the parents still cannot reach an agreement, the case is scheduled for a custody trial. Decisions regarding custody are taken away from the parents and given to a family law judge who will base the decision on the child’s best interests.

Factors the judge will consider in determining a child’s best interests include: parents’ work schedules; parents’ involvement with the child; parents’ living arrangements; parents’ history of substance abuse; child’s preference; and child’s special needs.

To learn more about the court process in child custody cases, call us at (412) 344-4900 or toll free at (800) 545-9390.