South Hills Family Law
Pennsylvania Child Custody Laws
People commonly believe that courts favor mothers over fathers when determining child custody schedules. But Pennsylvania law does not give special preference to mothers over fathers.
In fact, many judges today believe that the ideal custody arrangement provides for an equally shared schedule in order to maximize the child’s time with both parents. The results in any child-custody dispute depend on the particular facts and circumstances of the case.
At Spivak Law Firm, we handle all child-custody matters, including: trials, conciliations, relocation hearings, and contempt actions. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Are PFA Hearings Fair?
If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.
Is this fair?
For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Understanding Marital Property
Q: I always drove the Toyota and my husband always drove the Ford. Both cars were bought during the marriage, but only my husband’s name is on the titles. Now that we’re getting a divorce, my husband says both cars belong to him. Is he right?
A: No. Under Pennsylvania law, virtually all property acquired by either spouse during the marriage is deemed marital property subject to equitable distribution by the court or through a marital settlement agreement. Thus, it does not matter that the cars are titled only in your husband’s name. The cars are marital property jointly owned by both spouses.
To speak with an experienced Allegheny County divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Key Time Periods for Divorce in Pennsylvania
Under Pennsylvania divorce law, there are three main time periods that parties should consider:
- Six Months: Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.
- 90 Days: If you and your spouse consent to a divorce, you still must wait 90 days before the court will grant a final decree.
- Two Years: If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period to one year.
To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Domestic Violence on Thanksgiving
Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.
Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.
Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.
If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.
Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Despite PFA, Man Guns Down Ex-Girlfriend
A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.
But sometimes a PFA is just a piece of paper.
Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.
Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.
But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.
“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.
Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“The Terror Is Constant”
The following is the third of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“For a domestic violence victim, the feeling of vulnerability increases after she makes the break. She knows he is angry and she waits for him to show it.
Walking to the mail box, taking out the trash, working in the yard become terrifying. The prospect of unloading groceries from her trunk causes her to sweat.
She drives everywhere with one eye in the rear view mirror and her car doors locked. She never exits the car without her house keys in her hand.
She burns too many lights. She looks out the windows. She wonders if she frantically dials 911 how long a response would take. She asks herself repeatedly which direction she would run if she saw him approaching.
The terror is constant. It takes a toll, physically and mentally.
And for too many women, the threat becomes all too real.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“It’s All About Power And Control”
The following is the first of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“In early 1979, my estranged husband climbed a trellis, peered into my windows and saw me watching TV with a male co-worker. He tore out of the parking lot in his Jeep, sped the few blocks to his home and grabbed his gun. He raced back to my apartment – where our children were sleeping – smashed a window, bounded up a flight of stairs and pointed a gun in my face.
Then he wheeled around, strode a few steps and shot my co-worker dead.
My ex got his jollies by belittling others: me, my kids, his mother, anyone he saw as weaker.
When I could no longer tolerate what his harassment was doing to me and my children, I prepared to leave. I did it the right way: I told him why, told him when, told him where, gave him access to his kids.
He stalked me. They didn’t use that term in 1979, but that’s what it was. Wherever I went, he’d pop up. He’d call me a dozen times a night. When he brought the kids home, he thought that entitled him to enter the apartment where the boys and I lived. When I objected, he shoved me down a flight of stairs.
Almost 35 years later, I’m still delivering the message that possession isn’t romantic, despite what we may see in movies. It isn’t pretty, and it certainly isn’t love. It’s all about power and control.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Comic Bill Burr Riffs On Domestic Violence
Domestic violence is no laughing matter – except in the hands of comedian Bill Burr, who will be performing two sets in Pittsburgh this week at Heinz Hall.
Here’s an excerpt from the funnyman’s 2012 special You People Are All The Same:
“Obviously I’m not saying to hit a woman, you know. But saying there’s no reason, I think that’s crazy.
When you say there’s no reason, that kills any sort of examination as to how two people ended up at that place. You say there’s no reason, you cut out the build-up; you’re just left with the act. How are you gonna solve it if you don’t figure it out?
Look how awkward it is in here right now. I said you shouldn’t hit a woman. I’m just saying, how come you can’t ask questions? You can only ask questions about what the guy did. You can never about the woman. Why is that?
Look, I understand hitting a woman’s a bad thing, okay. How come you can’t ask questions? I just don’t understand.
Like, if I got bit by a rattlesnake, wouldn’t you guys have some questions? Right, how did it happen? Did you not see it? Were you [messing] with it? How did a snake get so mad it almost killed you?
Firemen put out a fire, they don’t just drive away afterward. They sift through the debris. How did it start? Here’s an oily rag! Right?
Look I realize I’m coming off pretty ignorant right about now. I realize that. Let me extend an olive branch then, okay?
I realize that there are some animal guys out there. Horrible guys, you know, have a rough day at the factory, come home – ‘tuna casserole?’ – and just start swinging, all right? I’m not trying to say that those people don’t exist. I realize that they exist. They should be buried underneath the prison. Okay?
So if I can admit that, ladies, can you at least admit that every ass-kicking doesn’t just fall out of the freakin’ sky? Really?
Even hockey has two minutes for instigating!”
Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearings And Child Custody
If you’ve been served with a Temporary Protection From Abuse (PFA) Order, it is likely that you’ve been evicted from your home and restricted from having any contact with your children. This can be devastating for a parent.
Under Pennsylvania law, the alleged “abuser” gets no opportunity to contest the accusations until the PFA Hearing some 10 days later. If you are a parent served with a PFA, we strong advise that you hire an attorney with experience in both criminal defense and child custody matters.
“Victims” of abuse get free attorneys to represent them at PFA Hearings in Pittsburgh and all surrounding counties — Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.
If you go to PFA Court without an attorney – or with an attorney who does not routinely handle child custody matters – you risk losing custody of your kids for an even longer period of time.
It is commonly known that many “victims” of abuse exploit the PFA system in an attempt to gain leverage in a child-custody battle. Do not let this happen to you.
Spivak Law Firm provides strong, aggressive representation in all PFA and child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.