South Park Family Law
Reduce Waiting Period for Divorce
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 for a contested divorce to one year.
Pennsylvania House Bill 380 calls for reducing the waiting period for a no-fault divorce based on separation from two years to one.
Proponents of the legislation say that expediting divorce will enable courts to focus greater attention on child custody disputes.
“Where the divorce is inevitable,” attorney Maryann Modesti testified at a recent meeting of the Pennsylvania House Judiciary Committee, “allowing the family to focus on the challenge of co-parenting as divorced parents is better than the emotional toll of a delay in the divorce litigation.”
Currently many other states impose a short waiting period than two years. For instance: Maryland has a one-year waiting period; New York has a six-month waiting period; and West Virginia imposes no waiting period at all.
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’s In A Child Custody Order?
A child custody order can be short – as little as half a page – or very long – running many dozens of pages. Child custody orders typically direct how parents:
–Share responsibility for making major decisions that affect the children
–Share time with the children during the school year
–Share time with the children during the summer months
–Share time with the children during holidays and birthdays
–Communicate about the children
–Communicate their vacation plans
–Transport the children for custody exchanges
–Notify one another if they plan to relocate
Parents need not follow the order so long as they both agree to changes. But in the event parents disagree, the order provides a framework that enables them to co-parent effectively while minimizing conflict.
At Spivak Law Firm, we provide strong, compassionate representation in all child custody matters. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
High Conflict Child Custody Cases
In Allegheny County, parents are strongly encouraged to determine their own child custody schedules. In most cases, with the help of family law attorneys and court-appointed mediators, parents are able to reach agreement on how to divide time with their children.
But high-conflict custody cases often cannot be resolved through negotiation. Parents with serious communication problems and high levels of anger and distrust may take their cases to trial.
At Spivak Law Firm, we are effective negotiators who help parents craft their own child custody orders. We are also trained trial lawyers experienced at aggressively litigating cases to reach our client’s goals.
For a free consultation with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What Can I Ask For In A PFA?
In a Protection From Abuse (PFA) petition, you can ask the judge to:
- Order the abuser to stop threatening, abusing, harassing or stalking you and your children
- Have the abuser evicted from your joint home or excluded from your residence
- Keep your new address or location confidential
- Grant you temporary custody of your children
- Grant you temporary child or spousal support as well as other reimbursements of out-of-pocket expenses that were caused by the abuser
- Order the abuser not to have contact with you or your children, or family members
- Restrict the abuser from contacting you at school or work
- Order the abuser to turn over firearms to the sheriff
- Order any other appropriate relief, for instance, requesting the return of your pet, car keys, important papers, etc.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
The Needs and Rights of Children
Ideally children should be parented cooperatively. They should be permitted and encouraged to form the best possible relationship with both parents and develop health connections with the families of both parents as well. If children feel safe and secure in their primary relationships, they are likely to be successful, happy, and well-adjusted. The goal is to establish a base from which children can continue their uninterrupted healthy growth patterns.
Every child has the right to:
- Develop a relationship with both parents
- Exist in a world free of parent-driven conflict
- Go back and forth to visit freely between both parents
- Spend time and engage in activities with both parents
- Have a comfortable and safe space in both homes
- Expect consistent behavior from both parents
- Have the major issues (medical, legal, educational) shared with both parents
- Not ever be put in a position to choose between their parents
- Sometimes make their own choices and to be heard
- Be a child
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Custody Relocation Hearings in Pennsylvania
When a custodial parent wants to relocate with the child outside the jurisdiction and the non-custodial parent does not consent, there must first be an evidentiary hearing, at which the court will apply a three-prong test to determine whether relocation of the children can occur.
The test covers:
- the potential advantages of the move and the likelihood that the move will substantially improve the quality of life for the custodial parent and the child, and is not the result of a momentary whim on the part of the custodial parent;
- the integrity of the motives of both the custodial parent and the noncustodial parent in either seeking the move or opposing the move; and
- the availability of alternative, realistic, substitute visitation or partial custody for the non-custodial parent.
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.
Phone Rules for Parents Who Share Custody
There are no specific rules on how to maintain contact with your children when they are with the other parent. It depends on the age of the child, the relationship the child has with the parent, the individual characteristics of the child, and the relationship the parents have with each other. Some children want a phone call and enjoy speaking to the other parent. Other children are not verbally expressive, which makes phone conversations frustrating and difficult. Family therapists recommend abiding by the following phone rules:
- There should be an effort by both parents to allow contact between the child and the other parent, especially if that’s what the child genuinely wants
- The younger the child, the more contact is preferred
- When a parent calls to speak to his or her children, have the children take responsibility for answering the phone or returning the call
- Do not use the phone to intrude on the child’s time with the other parent or to maintain influence over the child when the child is in the other home
- Do not use the phone to have the children spy on the other parent and report all the “bad things” that are going on
- Use the phone in a way that serves the child’s needs, not the parent’s need to continue to influence the child and to interfere with the child’s relaxation and enjoyment of time in the other parent’s house
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.
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.