Spivak Law Firm
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.
4 Goals At Preliminary Hearings
If you’re criminally charged with a misdemeanor of felony, you should have an experienced criminal defense attorney at your preliminary hearing. Here’s why:
First, there is an opportunity to resolve your entire case at the preliminary hearing. For instance, if you’re charged with a domestic-violence crime such as assault, harassment, or terroristic threats, your attorney may be able to reach a deal for dismissal of all charges upon completion of anger management classes.
Second, your attorney may be able strike a deal to drop certain charges in exchange for waiving the preliminary hearing.
Third, your attorney can cross-examine witnesses at the preliminary hearing to undermine their credibility and possibly get the charges against you dismissed.
Fourth, your attorney can cross-examine witnesses to create a record for trial.
Spivak Law Firm provides strong, aggressive representation at preliminary hearings. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.
Calculating Child Support in Pennsylvania
Q: How do courts calculate child support?
A: Courts follow support guidelines created by the Pennsylvania Legislature when determining a child support order. Under Pennsylvania law, both parents must continue to support their children even after a divorce. The obligation generally continues until the child turns 18 or graduates from high school, whichever happens last. In determining a child support obligation, courts consider the incomes or earning capacities of both parents. Statewide support guidelines establish a presumptive amount of support with the primary focus placed on income.
Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and PFAs. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Living Separately Under One Roof
Given today’s economic realities, it is not at all uncommon for married couples to continue living together even after separating and heading toward divorce.
After all, many families struggle to keep up with their expenses in one household. Taking on a second mortgage or another monthly rental payment may not be an option.
Even if the parties still live together, it is possible to establish a date of separation for purposes of divorce so long as the parties:
- Separate bank accounts. The parties should separate their finances by opening individual bank accounts.
- Abstain from marital sex. The parties should no longer share a bedroom or bed.
- Do not hold themselves out as married. The parties should refrain from describing themselves as a married couple to others in the community.
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.
Child Custody In Cases Involving Rape
Mothers of children conceived by rape can be forced to share custody of the child with their rapists. Many states allow courts to terminate the parental rights of rapists, but most of them require that the men first be convicted. However, less than one-fifth of rapes are even reported, and only about 5 percent of those result in convictions.
Last year, Congress passed the Rape Survivor Child Custody Act, which pledges money for states that pass laws denying parental rights to men if the mothers show in family court that they have been raped. In family court, the victims need only prove that the rape occurred by “clear and convincing” evidence – not the tougher “beyond a reasonable doubt” standard used in criminal courts.
Spivak Law Firm provides strong, compassionate representation in all family law and criminal defense matters. Call us 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.
Expand Expungements In Pennsylvania
A criminal record can ruin your job opportunities. In Pennsylvania, convictions for misdemeanors and felonies will stay on your record for life – even for people who go decades without ever re-offending.
But that might change.
Currently the Pennsylvania Legislature is considering proposals to expand expungements to misdemeanors after a period of good behavior.
Some proposals offer expungements after a period of seven years of freedom from arrest or prosecution for third-degree misdemeanors. Other proposals offer expungements to individuls under 25-years-old for second-degree misdemeanors after ten years free of arrest or prosecution.
Spivak Law Firm understands the importance of a clean criminal record. To speak with an experienced expungement lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.
What to Expect At Your Child Support Hearing
In Allegheny County, many people resolve child support issues without need for a hearing. Parties first disclose their income and expenses to a domestic-relations officer usually in a small office or cubicle. The officer will usually run calculations based on state support guidelines established by the Pennsylvania Legislature. The parties then have an opportunity to reach an agreement as to the amount of support, if any. The officer at this first level does not have authority to enter a recommendation.
If the parties do not reach agreement, they will attend a hearing on the same day. The hearing is a mini-trial in which each party is sworn under oath and permitted to testify, introduce evidence, and cross-examine one another. The hearing officer will hear testimony, accept evidence, and issue a recommendation within 30 days. If either party is dissatisfied with the recommendation, he or she may file an appeal known as exceptions to be reviewed by the judge assigned to the case.
For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Key Factors for Child Custody
Judges consider many factors when determining a child custody schedule. A child’s preference is just one of many factors. As children get older, courts may give greater weight to the child’s preference, though many judges do not want to hear directly from children. After all, it can be traumatizing for a child to choose between parents.
An important factor for determining custody is promoting consistency for the children. Courts generally will not disturb an existing arrangement or move children from their current school if they are doing well. Courts are also reluctant to split siblings between parents.
Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.