Dormont Divorce Lawyer
Custody Relocation Hearings in Pennsylvania
When a custodial parent wants to relocate with the child outside the jurisdiction and the non-custodial parent does not consent, there must first be an evidentiary hearing, at which the court will apply a three-prong test to determine whether relocation of the children can occur.
The test covers:
- the potential advantages of the move and the likelihood that the move will substantially improve the quality of life for the custodial parent and the child, and is not the result of a momentary whim on the part of the custodial parent;
- the integrity of the motives of both the custodial parent and the noncustodial parent in either seeking the move or opposing the move; and
- the availability of alternative, realistic, substitute visitation or partial custody for the non-custodial parent.
To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
3 Types of PFA Orders in Pennsylvania
There are three types of Protection From Abuse (PFA) Orders:
- Emergency PFA Orders are issued by a District Justice when the Court is closed during non-business hours. An emergency PFA Order expires at the end of the next business day for the Court.
- Temporary PFA Orders are issued by the Court of Common Pleas until a final hearing can be held, which is scheduled within ten business days.
- Final PFA Orders are entered as a result of an appearance before the Court where both parties have the chance to be heard by the Judge.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Who Can File a PFA?
Under Pennsylvania law, to file a Protection From Abuse (PFA) Order, there must be a current or former relationship between the victim and the abuser.
A relationship is defined as a spouse, ex-spouse, or persons who have lived like spouses; a current or former sexual or intimate partner; a parent or child; a brother or sister; or other persons related by blood or marriage.
If you are a minor under 18, a parent, guardian, or another adult household member may file on your behalf.
If you do not meet the relationship criteria above, a PFA Order cannot be entered.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
A Child’s Preference in Custody Cases
In child custody disputes, will a judge follow the child’s preference?
It depends.
Under Pennsylvania law, a child’s preference is not controlling though it may be an important factor. A child’s preference is just one of many factors that a judge considers when determining a child custody order.
A child’s age, maturity, and intelligence must be considered and will affect the weight given to a child’s preference. Thus, the preference of a 16-year-old tends to carry far more weight than the preference of a 6-year-old.
To speak with a strong, compassionate, cost-effective child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Why Having a Will is Essential in Pennsylvania
Your last will defines what you want to give, where you want it to go, and how you want your last wishes carried out. The key to a will is to keep it up-to-date about you and your life. A will that is clearly defined and current is the best piece of legal work that you have that can be used to honor your wishes.
With the help of a will, you will be able to clearly define your loved ones’ futures. If you forget to go back to your will and include your newest grandchild, or you forget to make changes to your child’s college education requirements, they may end up losing out. If something changes down the road, include it in your will. You should come back to your will each year to consult it and consider any necessary changes that need to be made.
To speak with a Pittsburgh attorney about drafting your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Phone Rules for Parents Who Share Custody
There are no specific rules on how to maintain contact with your children when they are with the other parent. It depends on the age of the child, the relationship the child has with the parent, the individual characteristics of the child, and the relationship the parents have with each other. Some children want a phone call and enjoy speaking to the other parent. Other children are not verbally expressive, which makes phone conversations frustrating and difficult. Family therapists recommend abiding by the following phone rules:
- There should be an effort by both parents to allow contact between the child and the other parent, especially if that’s what the child genuinely wants
- The younger the child, the more contact is preferred
- When a parent calls to speak to his or her children, have the children take responsibility for answering the phone or returning the call
- Do not use the phone to intrude on the child’s time with the other parent or to maintain influence over the child when the child is in the other home
- Do not use the phone to have the children spy on the other parent and report all the “bad things” that are going on
- Use the phone in a way that serves the child’s needs, not the parent’s need to continue to influence the child and to interfere with the child’s relaxation and enjoyment of time in the other parent’s house
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.
Family Law Help in Allegheny County
Not everyone struggling with issues of divorce, child custody and support can afford an attorney. Some simply wish to handle matters themselves.
In Allegheny County, the newly formed Family Division Self-Help Center guides such people through the court system. The center, which opened in January 2014, has already assisted more than 1,500 clients, according to Lawyers Journal, a publication of the Allegheny County Bar Association.
Located on the first floor of the Family Law Center at 440 Ross Street in downtown Pittsburgh, the center is open each weekday from 8:30 a.m. to 4:30 p.m.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Shielding Kids In High-Conflict Divorce
Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.
When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Providing Records to Your Divorce Lawyer
Once the divorce process is under way, your lawyer will need ready access to all relevant financial documents. Start by locating and gathering together the following records pertaining to both you and your spouse:
- Social Security numbers
- Income tax returns for the past three years
- Retirement savings plans statements for the past three years
- Bank account statements
- Insurance policies (life; automobile; house; other)
- Stock certificates
- Credit card bills
- Employment payment stubs
- Brokerage statements
- Pension statements
- Health insurance and work-related benefits
- Real estate records
- Receipts and monthly statements documenting household expenses and everyday expenses (groceries, gas, heat, water, personal grooming, transportation, gifts, clothing, laundry and cleaning supplies, entertainment, miscellaneous expenses, and so forth)
- List of all assets and liabilities
- Date of separation (the date of separation is the date used to determine the value of particular assets – the matrimonial home, bank statements, investments, and so forth)
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Helping Children Cope With Divorce
Moving between homes can be a stressful time for children. The easier a parent can make it, the better it is for them. Transition can also be difficult for you as a parent, because you’re giving up your children for a period of time. Family therapists encourage divorced parents to give their children “adjustment time” when transitioning between homes. Here are some tips for easing the transition:
- Give children something to look forward to when they come home, for example: a special snack, alone time, a TV program to watch, and so forth.
- Involve your children in what they need to do when they come home, for example: reading, doing homework, checking email, etc.
- Ask your children if there’s anything you can do to make it easier.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.