Allegheny County Family Law Firm
Expanding Your Child Custody Schedule
Young children should have frequent contact with both parents, which includes engaging in daily routines. When planning your custody schedule, you should consider the following:
- The child’s temperament;
- Any special needs of the child;
- The amount of conflict between you and the other parent;
- The child’s familiarity with the households;
- The childcare provided by each parent.
If you had less involvement in your child’s daily routine, you may consider exercising custody on a gradual basis to acclimate your child to the change. But once you are more familiar with your child’s daily routine, you may begin exercising more overnights.
To speak with a child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody & Domestic Abuse
In some extreme cases, mothers seeking to protect their children from abusive fathers are disbelieved by the courts and even sanctioned for parental alienation.
Such outlier cases form the basis of a recently released documentary by filmmaker Rachel Lewis, who spotlights the issue of mothers who have lost custody of their children to abusive fathers. The film warns that violent men can use the court system to further control and intimidate their exes by asserting their child custody rights.
Spivak Law Firm handles all areas of family law with a special focus on high-conflict child custody and domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Who Gets The House?
Will I lose the house in the divorce if I move out?
Under Pennsylvania law, the marital residence is subject to division if it is considered marital property, which is defined as property acquired during the marriage and before final separation.
If your ex moves out at separation, you likely stand a better chance of staying in the home; however, you may later have to pay your ex a share of the home’s equity value.
Keep in mind that even if you acquired the house before marriage, your ex will share in any increases or decreases in the value of the property.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Brangelina Custody War
America’s sweethearts Brad Pitt and Angelina Jolie are among the latest celebrities to split. In addition to divorce, Jolie filed for shared legal and sole physical custody of their six minor children.
Legal custody refers to a parent’s right to make decisions regarding the upbringing of the children, including religion, education, medical care, etc.
Physical custody involves where the children are physically residing. If Jolie wins, the children will reside with her and potentially only visit with Pitt.
But courts seldom award sole physical custody to one parent, unless there are findings that the other parent is unfit to have the children in their physical custody. Jolie’s actions were harsh and designed to severely restrict Pitt’s rights to his children. Hopefully, for the kids’ sakes, they will have equal access to both parents.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce May Result in Multiple Trials
In Allegheny County, every aspect of a divorce is handled separately through the courts.
A divorce commonly includes the following issues: child custody, child support, spousal support, dividing marital assets and debts, and the divorce itself.
There is not just one trial that resolves all these issues.
Instead, each issue is placed on a separate trial track. This means you may face multiple trials or hearings: one to address child support, another to resolve child custody, and still another to determine how to divide assets and debts.
Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and Protection From Abuse (PFA). Call us today at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody and Child Support
Contrary to popular belief, parents retain custody rights to their children even if they fail to pay court-ordered child support. Child custody and child support are two separate legal issues.
Just because you do not receive child support does not mean that you can refuse custodial access to the children. If you have a custody order, and you refuse to abide by its terms, you may be held in contempt for violating a court order, which carries the following potential consequences:
- Up to six months in jail;
- A fine up to $500;
- Probation for up to six months;
- Suspension of your driver’s license; and
- Payment of the other parent’s attorney’s fees.
Spivak Law Firm handles all family law matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How to Calculate Spousal Support
Q: How do courts calculate spousal support in Pennsylvania?
A: The formula for determining spousal support is as follows:
First, add together the lower-earning spouse’s net monthly income and monthly child support. Then subtract that number from the higher-earning spouse’s net monthly income. Finally, multiply the net difference by 30 percent (or 40 percent if there are no children) to calculate the basic support obligation.
For instance, let’s say you earn $1,200 net monthly income and collect $1,000 per month in child support; and let’s say your spouse earns $5,000 net monthly income. According to the formula, you would receive $800 per month in spousal support.
Spivak Law Firm handles all family law matters, including: divorce, custody, support, and PFA. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody and Relocation
Under Pennsylvania child custody laws, relocation is defined as any change in residence that substantially affects the custody rights of the other parent. Even if there is no custody order, you must abide by the relocation statute. Indeed, relocating just 20 minutes away could be a violation of the law and result in a contempt action against you.
Proper custody relocation involves either gaining consent from the other parent or obtaining court approval through a formal process.
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 Social Media
Everyone has a friend or follower on social media known as the “over-sharer” who posts private information for everyone to see.
If you’re engaged in a child custody dispute, avoid being the “over-sharer.” Think twice about whether or not your next status update could negatively affect your case. What was once a venting session could become evidence that your ex-spouse’s attorney uses against you in Court. The same holds true with emails and texts.
To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Child Custody Laws
People commonly believe that courts favor mothers over fathers when determining child custody schedules. But Pennsylvania law does not give special preference to mothers over fathers.
In fact, many judges today believe that the ideal custody arrangement provides for an equally shared schedule in order to maximize the child’s time with both parents. The results in any child-custody dispute depend on the particular facts and circumstances of the case.
At Spivak Law Firm, we handle all child-custody matters, including: trials, conciliations, relocation hearings, and contempt actions. Call us at (412) 344-4900 or toll free at (800) 545-9390.