Pittsburgh Child Custody Lawyer
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 3 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.
The custody mediation session may be waived if either party or any child has been the subject of domestic violence or child abuse within 24 months preceding the filing of a custody action. If you and/or your child has been such a victim and you desire not to attend mediation, you must complete both sides of a waiver form and return it to Generations. If you have received a Protection From Abuse order (PFA order), a copy of it should also be returned with this completed form. You are also responsible for mailing a copy of this form and any PFA order to the opposing party at the same time you mail it to the Generations at: Generations 440 Ross Street, 1st Floor Pittsburgh, PA 15219.
If a mediation session is waived, a custody conciliation shall be scheduled in its place in which attorneys may be present.
To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Dad Wins Sole Custody of Child
What should you do if somebody kidnaps your child? Call the police, right? But what if the police won’t help? This was Reggie’s dilemma when he recently called Spivak Law Firm seeking help.
Reggie and Arlene (not their real names) had a son but were never married. They never bothered to get a custody order because they figured they did not need one.
Both parents were very involved in their child’s life. They lived close to one another in the same school district just outside Pittsburgh. The child had his own room at each of their residences. Reggie coached his son’s sports teams. “We never had any problems sharing our son,” says Reggie.
But then Arlene died suddenly from cancer. Arlene’s sister (the child’s aunt) one day took the child and refused to give him back. Reggie called the aunt repeatedly but she would not take his calls.
So Reggie went to the police. But they refused to get involved in a child custody matter. Then Reggie went to his local magistrate who also refused to help but advised him to get an attorney.
Reggie was emotionally distraught when he arrived at our offices carrying a copy of his son’s birth certificate. A family member had effectively kidnapped his child and it seemed nobody would help him.
Spivak Law Firm promptly filed an Emergency Motion for Special Relief at the Allegheny County Court of Common Pleas – Family Division. Our petition explained the situation. We sought a Court Order giving Reggie sole custody of his child and the immediate return of the boy to his father with the help of police.
The next day, the judge granted our request and signed the Court Order.
Leaving the courthouse, Reggie looked at his attorney with tears in his eyes. “Thank you, thank you, thank you,” he whispered. Then he ran to claim his child.
At Spivak Law Firm, we provide strong, compassionate representation in child custody matters. To speak with an experienced child custody lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.
Protecting Kids in Divorce
In Pennsylvania, courts generally frown on parents who fail to protect their children from conflicts during divorce.
If you’re engaged in a child custody dispute, protect your children from conflicts between you and your partner. Don’t say anything against your partner, no matter how provoked you might be, because anything could become evidence.
Avoid the following behavior:
- Asking your children questions about the other partner;
- Discussing court with your children or within their hearing;
- Asking your children to compare you and your partner;
- Giving your children choices between their two parents;
- Exposing your children to your negative emotions.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Is Divorce Bad for Children?
Is divorce bad for children? “Yes, obviously,” may be your knee-jerk response, but a recent article in Scientific American points to studies showing that in the long run divorce adversely affects only a small percentage of kids.
There are many conflicting studies about the long-term consequences of divorce on children. According to University of California professor Judith Wallerstein, most adults who were children of divorce experience depression and relationship issues. But research by University of Virginia professor E. Mavis Hetherington shows that only 15 percent of adult children of divorce experience greater problems than those from stable families.
There seems to be a consensus, however, that many children experience short-term negative effects from divorce, such as anger and anxiety. According to Hetherington’s study, such effects typically diminish or disappear by the second year post-divorce.
At Spivak Law Firm, we believe strongly in protecting children through the divorce process. We handle many high-conflict divorces with issues of child custody, child support, and protection from abuse (PFA). To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Protecting Child Custody Rights
Dormont-Brookline Patch, an online news outlet, has published our article about how Pennsylvania law protects the child custody rights of rape victims. The article originally appeared in the Pittsburgh Post-Gazette and has been reproduced in At Issue, a publication of the Pennsylvania Bar Association:
“At the age of 21, during her senior year in college, Shauna Prewitt was raped. She became pregnant, opted to keep the child and had a baby girl.
“Ms. Prewitt pressed criminal charges against her attacker. Her rapist responded by asserting legal custody rights over their child. Ms. Prewitt promptly withdrew her criminal complaint. Her attacker then followed suit by withdrawing his custody petition.
“‘When no law prohibits a rapist from exercising [child custody] rights,” says Ms. Prewitt, who is now an attorney and women’s rights advocate, “a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.’”
The entire article is reproduced here.
To speak with a Pittsburgh child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Domestic Violence Can Happen to Anyone
Restraining orders and domestic violence can happen to anyone – even the very rich and famous.
Oscar-winning actress Halle Berry will appear in court this week in a domestic violence case that has received international attention.
This past Thanksgiving, Berry’s fiancé got into a brutal fight with Berry’s ex-boyfriend that left both men with serious injuries. Each man filed a restraining order against the other.
The incident occurred in Berry’s driveway while her 4-year-old daughter was inside the house.
In Pennsylvania, a restraining order is known as a PFA, or Protection From Abuse order, which restricts contact between the parties and can be used to gain leverage in child custody matters.
In Berry’s case, the restraining orders could affect her child custody case. Last month, a judge denied Berry’s request to move with her fiancé to France because her ex-boyfriend shares custody of the child.
In Pennsylvania, a person cannot relocate with a child unless every person with custody rights to the child consents or the court approves the relocation.
Berry, like many of our clients throughout Southwestern Pennsylvania, will spend much of this holiday season in court battling over child custody, restraining orders, and criminal charges arising out of the domestic violence incident from Thanksgiving.
Spivak Law Firm handles all domestic violence matters, including PFA restraining orders, criminal charges, and child custody matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.