Monroeville Family Law
Why You Need A Child Custody Order
Q: My ex and I get along well. Do we need a child custody order?
A: Yes.
A child custody order is critical even for parents who communicate well and cooperate with one another. Without a court order, each parents risks enduring bad behavior by the other parent.
For instance, without a custody order, your ex may suddenly relocate to a new state or school district without seeking your consent. During holidays, especially, a custody order is critical if one parent unilaterally decides to withhold the child from the other parent.
A custody order is fully enforceable by a judge. Violating the order can result in make-up time with the children and sanctions such as attorney fees.
Even under the best-case scenarios where parents remain friendly, an enforceable child custody order is highly advisable. To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
A Parent’s Responsibilities
Every parent has the responsibility to:
- Engage in the best possible cooperative parenting partnership
- Encourage and promote their children’s relationship with the other parent
- Make and keep appropriate custody and visitation schedules
- Develop their own parenting style and not deliberately interfere with the other parent’s parenting
- Provide private and comfortable space for their children in their home
- Provide good, safe, and appropriate child-care when parents cannot be available
- Communicate with the other parent about legal, educational, medical, and financial needs
- Support their children’s participation in educational or extra-curricular and community activities
Spivak Law Firm provides strong, compassionate representation in all child custody matters. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Defendants Must Hire An Attorney
Q: Will a public defender represent me at my Protection From Abuse (PFA) hearing?
A: No.
People accused of abuse often make the terrible mistake of appearing in PFA Court without a lawyer to defend them. Many think that a public defender – a “free” lawyer – will be appointed to represent them.
But a public defender is available to low-income people in criminal matters only. A PFA is not a criminal matter. A PFA hearing takes place in family court not criminal court.
A PFA is a civil restraining order that restricts an “abuser” from having any contact with the “victim.” A PFA only becomes a criminal matter if the “abuser” violates the PFA Order.
If you’ve been served with a PFA, you need an attorney experienced in family law and criminal defense to represent you. At Spivak Law Firm, we’ve helped hundreds of people get the PFA dismissed while preserving their child-custody rights and protecting their reputations.
Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What To Expect At Child Custody Mediation
In Allegheny County, any parent who files for child custody must participate in the Generations program, a two-part alternative dispute resolution program administered by the Child Custody Department. Step one is an education seminar. Step two is a mediation session.
Below is information on the Generations mediation session:
- The mediation is a opportunity for parties to negotiate a detailed, workable parenting agreement outlined in an informal agreement called a Memorandum of Understanding. Only the parents are permitted in the mediation session – neither children nor attorneys may attend.
- The mediation session is approximately two hours in length.
- The mediation session is conducted at the child Custody Department on the first floor of the Family Law Center located in downtown Pittsburgh at 440 Ross Street.
- The mediation session is mandatory. If you fail to attend the mediation session, the custody action may be dismissed or you may be held in contempt of court for not following the scheduling order. Failure to appear at a contempt hearing may result in the issuance of a custody order and/or a bench warrant for your arrest.
- If you have been the victim of domestic violence, you may complete and file a domestic violence waiver and bring it to the Child Custody Department. You will then receive an order of court canceling the mediation session and scheduling a conciliation session instead.
- If you and the other party have agreed to a parenting plan at the completion of your mediation session, you may: complete a Memorandum of Understanding, consult with you attorneys, or have the agreement turned into a legally binding, fully enforceable court order by a domestic relations officer, if available (this option will dispose of the custody action and you will go no further into the court system).
- If you do not agree after your mediation session, you can request a conciliation date at the Child Custody Department window or pursue additional mediation sessions privately with your mediator.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Violating A PFA Order Brings Criminal Charges
Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.
Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.
A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.
The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Finding the Right Family Law Attorney For You
Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:
- Does this lawyer seem confident, strong, and experienced?
- What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
- Is this person a skilled negotiator, trial lawyer, and communicator?
- What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
- How will the parenting plan be developed and who will develop it?
- If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
- Do I trust and respect this person? Can we have a good working partnership?
- Can I be honest with this person? Do I feel comfortable sharing intimate details?
- Is this person honest and candid with me?
- Does the lawyer pay attention to me? Does he or she have time for me?
- Can I afford this lawyer?
For a free consultation with an experienced Pittsburgh family law attorney, 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 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.
Child Custody in Allegheny County (Part 1 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.
The educational seminar, which takes place at Wightman School Community Building in Squirrel Hill, is approximately three hours in length and aims to offer parents the skills to reach their own resolution on custody issues. The seminar addresses several topics, including: building a co-parent relationship; developing ways to communicate and problem-solve; helping children cope effectively with their changing family; and identifying how parent conflict can affect the behavior of children.
The educational seminar is also required for children ages 6 to 15, who are grouped by age so that they can identify and share with other children similar experiences in their families. These groups are facilitated with activities, discussions, art, music and play.
To speak with an experienced 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.