child abuse - Spivak Law Firm

Child Custody In Pennsylvania

Posted on January 22 2018 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, courts make decisions on child-custody matters based on the child’s best interests. The court looks at key factors that affect the child’s physical, intellectual, moral, and spiritual well-being.

In determining whether to award temporary custody, the court considers 16 factors, including elements such as the child’s sibling relationships, the availability of extended family, and the present and past abuse of the child.

Another important factor for determining custody is promoting consistency for the children. Courts are generally reluctant to disturb an existing arrangement or split siblings between parents.

Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Posted on January 15 2018 by Todd Spivak and Rebecca Canterbury

Q: I have been falsely accused of abuse – can you help me?

A: Yes. The PFA system itself is sometimes abused. People may seek a PFA just to gain leverage in a divorce or child custody matter. As a result, innocent people suffer.

If you have been served with a PFA, your hearing may be less than 10 days away.

Spivak Law Firm provides aggressive representation at PFA hearings. We strongly defends people against accusations of domestic violence or child abuse. If you have been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Arrested For Domestic Abuse?

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

Q: Police did not witness any physical abuse – so why was I arrested?

A: An allegation of domestic violence by itself can trigger an arrest. Police do not have to witness the incident of abuse. A police officer often makes an arrest decision based solely on the accuser’s credibility without any further investigation. If the alleged victim has any visible marks or injuries, police are likely to make an arrest.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). We handle PFA hearings and expungements, as well as criminal domestic violence charges and child custody matters. If you have been accused of violating a no-contact order, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Nesting

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

Divorce is a difficult process and the children of divorced parents often find themselves caught up in a situation over which they have little control.

They also have to contend with the idea that their everyday lives will change, whether that is not seeing one of their parents on a daily basis or moving to a different house or location.

Nesting is a new idea in the arena of child-custody arrangements. The children stay in the home while the parents are the ones who leave and return. This allows the children to stay in the home and provides the children with a feeling of permanence. This sense of routine can be helpful to the children at a time of change and turbulence.

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, spousal support, and Protection From Abuse (PFA). To speak with an experienced child-custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Support: Earning Capacity

Posted on October 3 2017 by Todd Spivak and Rebecca Canterbury

Q: Do I still have to pay child support if I’m unemployed?

A: Maybe. If a parent has no income, but is capable of working, the court can order child support based on that parent’s earning capacity. In this situation, the court may estimate what the unemployed parent could earn given his or her education, skills and prior employment history.

Other factors involve the child-custody arrangement and each parent’s expenses relative to their income levels.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, Protection From Abuse (PFA), and Children Youth and Families (CYF). To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Sharing Time

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

In the past, sole custody was usually given to the mother because of society’s ideas about gender roles. However, in today’s world, with the image of the mother as primary caregiver changing as more fathers take on active roles in child-raising, other kinds of custody arrangements have emerged.

To date, more than 25 states have introduced bills advocating for shared parenting over sole custody.

Proponents of shared parenting argue that it allows children to spend as close to equal time as possible with both parents without placing an overwhelming burden on the mother or alienating the father.

Falsely Accused of Abuse?

Posted on September 12 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In Pittsburgh and all surrounding countries, judges grant more than 90% of all petitions for a temporary PFA Order, which can immediately evict you from your home, restrict you from your kids, and subject you to arrest.

At Spivak Law Firm, we aggressively defend people accused of abuse at PFA and criminal domestic violence hearings. We handle all areas of family law and criminal defense. If you have been accused of domestic violence, call us at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Abuse: Immigration

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.

A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.

The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Step-Parents

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

Moving forward as a family after divorce or separation can be more difficult when step-parents are involved. To avoid conflict between your ex-spouse and the step-parent of your children, consider the following three tips:

Talk to the children together as a family, assuring them that their step-parent is not a replacement, but another person to care for them.
Set boundaries ahead of time, and discuss the role step-parents will play in the lives of the children.
Work together as a cohesive family unit; do not argue over the role of the step-parent in front of the children.

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, spousal support, and Protection From Abuse (PFA). To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and the Holidays

Posted on April 15 2017 by Todd Spivak and Rebecca Canterbury

Accommodating child custody schedules during the holidays can seem impossible due to all the traveling, cooking, shopping, and parties. Preparation and planning are the keys for reducing stress related to child custody during the holidays. Here are three common solutions for sharing holiday time with your children.

Share the holiday so the children may spend half of the day with you and half of the day with your ex-spouse.
Exercise holiday time on an alternating schedule.
Celebrate the holiday on different days.

Spivak Law Firm handles all areas of family law with a focus on high-conflict child custody and allegations of domestic abuse. We handle: child custody, child support, divorce, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF).

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