Allegheny County Child Custody Attorney
Child Custody For Grandparents
The Supreme Court of Pennsylvania recently limited the rights of grandparents to pursue custody of their grandchildren.
Prior to the Court’s decision, grandparents had standing to pursue partial physical or supervised custody if: (a) the parents of the children were separated for a period of at least six months or (b) the parents commenced divorce proceedings.
But the Court struck the parental separation provision from the statute, as it violates parents’ rights under the Due Process Clause. Now a grandparent’s rights to pursue custody could be complicated if the parents of the children never married.
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
The Needs and Rights of Children
Ideally children should be parented cooperatively. They should be permitted and encouraged to form the best possible relationship with both parents and develop health connections with the families of both parents as well. If children feel safe and secure in their primary relationships, they are likely to be successful, happy, and well-adjusted. The goal is to establish a base from which children can continue their uninterrupted healthy growth patterns.
Every child has the right to:
- Develop a relationship with both parents
- Exist in a world free of parent-driven conflict
- Go back and forth to visit freely between both parents
- Spend time and engage in activities with both parents
- Have a comfortable and safe space in both homes
- Expect consistent behavior from both parents
- Have the major issues (medical, legal, educational) shared with both parents
- Not ever be put in a position to choose between their parents
- Sometimes make their own choices and to be heard
- Be a child
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Dad Loses Child Custody Due to PFA
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.
Protecting Kids in Divorce
In Pennsylvania, courts generally frown on parents who fail to protect their children from conflicts during divorce.
If you’re engaged in a child custody dispute, protect your children from conflicts between you and your partner. Don’t say anything against your partner, no matter how provoked you might be, because anything could become evidence.
Avoid the following behavior:
- Asking your children questions about the other partner;
- Discussing court with your children or within their hearing;
- Asking your children to compare you and your partner;
- Giving your children choices between their two parents;
- Exposing your children to your negative emotions.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.