Bethel Park Family Law
Building Relationships with Children of Divorce
Some parents are adamant that their children spend time with them when it’s “their time.” They may even stop the children from participating in activities or programs or spending time with their friends.
Family therapists advise against placing your desire for contact with your child above promoting his or her healthy development. Try not to think in terms of minutes and hours; think in terms of the quality of the relationship your are building and sustaining.
To speak with a Pittsburgh custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 7 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.
A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.
If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.
To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 4 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here.
At the custody conciliation, the parties and their attorneys meet with a child custody officer in an attempt to negotiate and resolve their custody case. There is no fee for the conciliation. You should bring with you: your child’s school schedule, your current income information (pay stub and/or W-2), your child’s extracurricular activity schedule, and a proposed custody schedule.
If you and the other party are able to come to an agreement, the custody conciliator will write up an order of court and you will leave with an order of court that day. This will dispose of the custody action filed and you will go no further into the court system.
If you and the other party are unable to come to an agreement: you may be ordered to submit income information for psychological/home evaluations; you may be ordered to appear at a partial custody hearing; or you may be ordered to appear at a judicial conciliation.
To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 3 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here.
The custody mediation session may be waived if either party or any child has been the subject of domestic violence or child abuse within 24 months preceding the filing of a custody action. If you and/or your child has been such a victim and you desire not to attend mediation, you must complete both sides of a waiver form and return it to Generations. If you have received a Protection From Abuse order (PFA order), a copy of it should also be returned with this completed form. You are also responsible for mailing a copy of this form and any PFA order to the opposing party at the same time you mail it to the Generations at: Generations 440 Ross Street, 1st Floor Pittsburgh, PA 15219.
If a mediation session is waived, a custody conciliation shall be scheduled in its place in which attorneys may be present.
To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 2 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here.
The custody mediation session gives parents an opportunity to meet with a trained mediator to address issues related to meeting their child(ren)’s needs and to finalize a custody arrangement. Neither children nor attorneys participate in the mediation. Parents meet with a mediator for about two hours to discuss approaches to a successful parenting plan.
The goal of mediation is for parents to create their own custody plan, called a Memorandum of Understanding. Mediation is not therapy and does not include legal advice. Rather, the mediation process encourages adults to work together and to be responsible for their own parenting decisions.
Mediation sessions are confidential. The discussions during mediation cannot be recorded or copied. The mediator cannot be required to testify in court. Mediators are often attorneys or mental health professionals with advanced degrees, in addition to having basic and ongoing advanced training in mediation.
To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What is Family Law?
At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:
- Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.
- Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.
- Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.
- Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.
- Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.
- Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.
- Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.
- Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.
- Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.
- Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.
- Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.
- Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Who Can File for Child Custody in Pennsylvania?
To seek custody rights over a minor child, a person must have “legal standing.” A child’s biological parents have legal standing to file a custody action. Who else can file for custody? A person who has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time may have legal standing. Additionally, grandparents may have legal standing to seek custody of their minor grandchildren in limited circumstances as described here.
Spivak Law Firm provides strong, compassionate representation in child custody matters. To schedule a free consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Dad Wins Sole Custody of Child
What should you do if somebody kidnaps your child? Call the police, right? But what if the police won’t help? This was Reggie’s dilemma when he recently called Spivak Law Firm seeking help.
Reggie and Arlene (not their real names) had a son but were never married. They never bothered to get a custody order because they figured they did not need one.
Both parents were very involved in their child’s life. They lived close to one another in the same school district just outside Pittsburgh. The child had his own room at each of their residences. Reggie coached his son’s sports teams. “We never had any problems sharing our son,” says Reggie.
But then Arlene died suddenly from cancer. Arlene’s sister (the child’s aunt) one day took the child and refused to give him back. Reggie called the aunt repeatedly but she would not take his calls.
So Reggie went to the police. But they refused to get involved in a child custody matter. Then Reggie went to his local magistrate who also refused to help but advised him to get an attorney.
Reggie was emotionally distraught when he arrived at our offices carrying a copy of his son’s birth certificate. A family member had effectively kidnapped his child and it seemed nobody would help him.
Spivak Law Firm promptly filed an Emergency Motion for Special Relief at the Allegheny County Court of Common Pleas – Family Division. Our petition explained the situation. We sought a Court Order giving Reggie sole custody of his child and the immediate return of the boy to his father with the help of police.
The next day, the judge granted our request and signed the Court Order.
Leaving the courthouse, Reggie looked at his attorney with tears in his eyes. “Thank you, thank you, thank you,” he whispered. Then he ran to claim his child.
At Spivak Law Firm, we provide strong, compassionate representation in child custody matters. To speak with an experienced child custody lawyer, call us 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.
Celebrities and Restraining Orders
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.