Mt. Lebanon Family Law
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.
Fathers’ Rights In Child Custody Cases
Is there a bias against men in custody court?
Is it the court’s knee-jerk reaction to give primary physical custody to the Mother?
Many people believe that yes, of course, women have an inherent advantage in child custody disputes. As a result, men may talk themselves out of seeking time with their kids. Do not make this mistake.
Spivak Law Firm fights hard for father’s rights. We believe firmly that, in most cases, parents should have equal access to their children.
We have successfully united many fathers with their kids, ensuring a shared custody schedule, shared holiday time, and shared vacation time.
To speak with an experienced child custody and fathers’ rights attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Tips for Discussing Your Child’s Weekend Away
Whether or not you like your former spouse and whether or not you agree with his or her parenting style, there is not much you can do about what occurs at the other home. Children are generally entitled to spend time with both parents.
Your task is to send them off in the same way you would if you were sending them anywhere else where you wanted them to have a good time while they’re away from you, such as camp or school. Family counselors recommend the following transition tips on discussing your children’s weekend spent away at the other parent’s home:
- Ask your children how their weekend was. To not ask about what goes on when they are apart from you would send the wrong message. Your child might think that you are not interested, or that you can’t stand to hear about them enjoying time with the other parent.
- The motivation for asking about the weekend should be to serve the child’s needs, not to have your curiosity satisfied.
- When children sense that they are being used as spies to report on what is going on in the other home, or when you react to the news with frowns, raised eyebrows, or sarcastic comments, the kids sense that you are not genuinely interested in sharing their lives with them as much as you are about getting some gossip about the other family.
To speak with an experienced Pittsburgh child custody lawyer, 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.
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.
“Status Quo” Is Key In Child Custody Cases
In child custody cases, judges are generally reluctant to change an arrangement that is working well for a child. Judges recognize the benefit of stability in a child’s life.
“Status quo” is a term that judges frequently use to describe long-standing custody arrangements.
If you are the primary caretaker of a child, then it is important to show the judge that the status quo has been for the child to spend most nights in your care.
On the other hand, if you are seeking to expand your custody time, then you should try to create a new status quo for the child that involves more time in your care.
Some parents go to court seeking to preserve their custody time, while others aim to expand their custody time. To speak with an experienced 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.
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.
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.
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.