Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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Pittsburgh Custody Lawyer

Listening To Your Child

Little girl wearing sundress holding flowersChildren want to talk. Children need to talk, and they also need someone to listen to them.

Think about how you might feel if you wanted to tell something to somebody and you could not find anyone to tell. Children must be able to express themselves freely and comfortably.

As adults, we can provide children with the security of listening to whatever they need to say. Be careful to respect something said in confidence if your child asks you to keep it just between the two of you.

If there are not good “listening times” available during your schedule, try to set aside some “special time” to just talk to your child on a regular, consistent basis.

There is a distinct difference between listening to your children and pumping them for information about the other parent. Enter their world and listen to what they need to talk about as children.

To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Brainwashing Children in Custody Battles

ConflictParent 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.

The Challenge of Co-Parenting After Divorce

102719637Co-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.

Pennsylvania Court Helps Divorced Parents

Transportation is a common problem for divorced parents who share custody of their children. School districts do not make things easier when they insist on providing transportation only to one parent’s residence.

But a court ruling from earlier this year will go a long way toward helping divorced parents by forcing school districts to provide bus transportation to both parents’ homes so long as they each reside in the district.

The Pennsylvania Commonwealth Court upheld a Lancaster County Court of Common Pleas judge’s ruling that ordered the Manheim Township School District to resume busing services for a middle school student who alternates weeks with his mother and father.

The Court cited Pennsylvania laws requiring school districts to provide transportation to resident pupils and prohibiting school districts from forcing students to travel more than 1.5 miles from their homes to the bus stop.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Promoting Love for Both Parents Helps Children

126998623According to family therapists, the worst thing is for children to feel torn. The message you need to give your children is that it is safe to love both parents, not that your child cannot love one parent because the other will be upset.

Children who are forced to take sides will feel torn, lost and angry. Children have to learn to evaluate each parent based on how he or she treats the child, not on what the parents think of each other.

To speak with an 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 4 of 7)

89793648 (2)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.

Who Can File for Child Custody in Pennsylvania?

Little girl wearing sundress holding flowersTo 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.

What If Your Ex Violates the Custody Order?

102719637You have a child custody order, but your ex continually violates it. Maybe your ex withholds the child during your custody time or fails to return the child on time. Or maybe your ex unilaterally makes big decisions about where the child goes to school without receiving your input or consent. What can you do?

When a child custody order is entered, family courts expect both parents to comply with its terms. You may seek to hold a non-compliant parent in contempt of court. If a parent is found to be in contempt for failing to follow the court order, the other parent may be awarded make-up time for the missed visits as well as other sanctions such as payment of attorney fees.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Celebrities and Restraining Orders

Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.

White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.

In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.

In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.

In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.

In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.

Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Accused of Abuse?

147285315Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.

In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.

If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.