Dormont Custody Lawyer
Child Custody: Relocation
When parents of minor children separate or divorce, their ability to relocate to a new residence may be restricted.
Parents must either get the other parent’s approval or obtain permission from the court in order to relocate.
The judge considers many factors when making the decision on whether to grant the relocation request, including the child’s preference, the age of the child, and the reason for moving. Ultimately, the parent who wants to move must convince the judge that moving will be in the child’s best interest.
Spivak Law Firm provides strong, compassionate representation in child custody cases. We handle all child-custody matters, including trials, drafting agreements, and relocation hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.
How to Withdraw a PFA in Pennsylvania
In Pennsylvania, a victim of domestic violence can get a Protection From Abuse (PFA) restraining order against the perpetrator lasting as long as three years. The PFA restricts the abuser from having any contact whatsoever with the victim, including contact by phone, email, text, social media, or third persons.
But what if the victim no longer thinks the PFA is necessary? Can the PFA simply be vacated or withdrawn? In many cases, the answer is yes, though counties have their own unique processes for making the PFA go away.
For instance, in some Pennsylvania counties, the victim needs to formally file a motion to vacate the PFA and present it to the court. In other jurisdictions, the victim may simply ask the court’s PFA administrator to fill out a form. In all cases, the victim should be prepared to explain to a judge why the PFA is no longer necessary. If the judge disagrees, the PFA may remain in effect whether the victim likes it or not.
To speak with an experienced Pennsylvania PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
A Brief History of Child Custody
In child custody cases today, both parents increasingly enjoy significant amounts of parenting time. Recent studies show that child custody norms are changing significantly in the 21st century, with the proportion of parents sharing custody rising dramatically.
Historically, shared custody was never the norm.
In colonial times, American Courts followed the English common law rule that upon divorce the father retained custody of the children. Fathers had the right to the physical custody, labor and earnings of their children in exchange for supporting, educating, and training them to earn their livelihoods. At that time, mothers did not have legally enforceable parental rights.
This bias toward men flipped in the early 20th century with two cultural transformations: the industrial revolution’s remaking men into marketplace wage earners and the emergence of women as domestic caregivers. Under the “tender years” doctrine, custody of young children was almost exclusively awarded to mothers upon divorce.
Mounting divorce rates in the 1960s and ensuing decades provoked a lively debate about parental roles and custody issues. The movement for gender equality, along with the rise of fathers’ rights groups, called attention to the importance of both parents in the care of children.
In most states today, including Pennsylvania, the standard for deciding custody cases is based on the best interests of the child. This standard opens up the possibility of excessive judicial discretion as well as a threat of inconsistent rulings, resulting in hotly contested custody battles.
But it has also led to the rise of shared custody orders, as judges increasingly follow the recommendations of family psychologists who espouse the benefits to children who have equal time with both parents.
To schedule a free consultation with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Brainwashing Children in Custody Battles
Parent alienation syndrome often occurs in the most bitter and hard-fought custody battles. In this scenario, one parent becomes obsessed with destroying a child’s relationship with the other parent when there is no good reason to do so. Alienation can be mild, moderate, or severe. A parent is engaging in parent alienation anytime children hear him or her speak in a negative way about the other parent.
In extreme situations, children are turned against a healthy parent. The children’s will and choice are removed from them through a form of brainwashing. This is a serious form of child abuse, because if isn’t stopped, the children may be headed for psychiatric disturbances, failed relationships, and dysfunctional lives in which they may pass the behavior on to their own children.
To speak with an experienced child custody and family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What If Your Ex Violates the Custody Order?
You have a child custody order, but your ex continually violates it. Maybe your ex withholds the child during your custody time or fails to return the child on time. Or maybe your ex unilaterally makes big decisions about where the child goes to school without receiving your input or consent. What can you do?
When a child custody order is entered, family courts expect both parents to comply with its terms. You may seek to hold a non-compliant parent in contempt of court. If a parent is found to be in contempt for failing to follow the court order, the other parent may be awarded make-up time for the missed visits as well as other sanctions such as payment of attorney fees.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.