Mt. Lebanon Family Law
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.
Strong Defense at PFA Hearings
Attending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.
In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.
But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.
A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.
Spivak Law Firm aims to provide the strongest possible defense 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 defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Don’t Let a PFA Hurt Your Reputation
Getting served with a Protection From Abuse (PFA) Order can be upsetting, embarrassing, and downright scary. Police may come to your home or your place of employment. You may be evicted from your home and restricted from seeing your kids. Neighbors, friends, and work colleagues may suddenly perceive you negatively – as an “abuser” – even if the allegations are false.
The mere accusation of abuse can devastate a person’s life and reputation.
At Spivak Law Firm, we aggressively defend people facing allegations of domestic violence and child abuse. We know how the court system works and how to best navigate the system to protect your legal rights. In addition to preparing the strongest possible defense, we pride ourselves on being accessible to clients and treating you with dignity and compassion.
Don’t let a PFA destroy your reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Spanking Kids Yields Negative Results
Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.
Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:
- Increased risk for physical abuse
- Learning that aggression is an acceptable method of problem solving
- Experiencing physical and emotional pain, which decreases learning capacity
- Being less likely to learn why a certain behavior or action was wrong
- Behaving out of fear in the future
Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.
Spivak Law Firm handles all family law matters with a focus on child custody. Call us 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.
Bring Evidence to Your PFA Hearing
In your Protection From Abuse (PFA) petition, write clearly and in detail what happened and when it happened. Focus your statements on how you were physically abused or threatened and whether you are afraid you will be abused or threatened again.
If you have any photos of injuries or property damage caused by your abuser, text messages or emails, or ripped clothing that show how the abuser threatened, abused, or harassed you, don’t forget to bring them to the final PFA hearing.
Because of the “he-said, she-said” nature of domestic violence, it is important to bring documentary evidence when such evidence is available.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Stalking and PFAs in Pennsylvania
A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker, even if the police did not see the stalking behavior. You will need to prove the following two things in order to get a PFA:
- You are either related to the stalker, married or previously married to the stalker, you have a child with the stalker, or you have an intimate relationship with the stalker (either sexual or dating); and
- You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury.
Once you get a PFA, you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.
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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Violations And Child Custody
Violating a Protection From Abuse (PFA) Order by contacting the victim can land you in jail for up to six months. But what about violating the custody provision contained in a PFA? You can be arrested for that, too.
For instance, let’s say your PFA Order grants you supervised custody only. If you are seen alone with the child, you may be arrested and charged with Indirect Criminal Contempt (ICC).
Or, for example, if you withhold the child by not showing up at a custody exchange per the PFA Order, you may face criminal charges.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
What Is Stalking?
Stalking involves following someone in a way that causes the victim to feel fearful or emotionally distressed. Stalking frequently occurs when someone tries to leave an abusive relationship.
Here are some examples of stalking behavior:
- Following someone on foot or by car
- Watching someone at work or at home
- Sending unwanted letters or emails
- Making unwanted telephone calls
- Leaving unwanted cards, flowers, or gifts
If you are the victim of stalking, you may be entitled to the protections of a Protection From Abuse (PFA) Order. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings and all criminal hearings in Pittsburgh and nearby counties, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.
Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.
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.