Mt. Lebanon Family Law
The Challenge of Co-Parenting After Divorce
Co-parenting after divorce can be challenging for many families. Co-parenting means that both you and your former spouse must take responsibility for raising your children, even though you are no longer husband and wife. The goal is to keep children out of the middle of your conflict so they don’t feel the stress of the situation.
The children should feel as though they still have a family, just one that has been reorganized. Of course, the ideal way to achieve this is for the parents to get along, do what is in the children’s best interests, and put the children’s needs before their own. But this may be easier said than done.
While change is often difficult, it does not have to be destructive. It may make sense to get psychological support during such trying times.
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Telling Your Children About Your Divorce
Divorce can be emotionally devastating for parents and children alike. Here are some tips from family counselors on telling your kids about your divorce:
- Talk to the children together
- Give your children time to react and time to be mad and sad, and to ask questions
- Try to anticipate your children’s questions and reactions, and be prepared to respond
- Encourage your children to talk about their feelings
The reasons behind your divorce are likely not relevant to your children and generally should not be shared, the experts say. What children need is: to feel loved; to realize the divorce is not their fault; a sense of security; routine and structure; and not to be put in the middle.
To speak with an experienced Pittsburgh family law 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 7 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. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.
A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.
If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.
To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 6 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. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.
Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.
The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.
At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.
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 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.
What is Family Law?
At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:
- Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.
- Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.
- Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.
- Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.
- Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.
- Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.
- Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.
- Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.
- Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.
- Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.
- Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.
- Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.
To speak with a 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.