Spivak Law Firm
Child Custody for Rapists?
The Pittsburgh Post-Gazette has published our article on how Pennsylvania law handles child custody issues in rape cases.
Pennsylvania has received national attention for offering rape victims protection against rapists who later seek child custody privileges. But even Pennsylvania’s protections are limited because judges have discretion over all child custody matters.
“We’re not going to be stupid and give custody to a rapist,” Allegheny County Common Please Judge Kathleen Mulligan told us.
But it can happen, says Chicago-based attorney and women’s rights advocate Shauna Prewitt.
“For instance,” our article states, “a rape victim may be forced to interact with her rapist for months or even years if a custody hearing precedes a rape conviction. By the time the father is eventually convicted of rape, Ms. Prewitt says, a court may find that it is in the child’s best interests for the father to have custody rights because he has established a parental presence with the child.”
To read the entire article, please click here.
Spivak Law Firm handles all family law and criminal defense matters. To make an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody Rights in Pennsylvania
It is widely believed that in child custody disputes courts favor giving primary custody of the child to the mother.
But the law rejects this notion.
Pennsylvania law states: “In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”
Thus, under the law, both parents are presumed by the court to have equal custodial rights over their child or children.
In some limited situations, a person who is not the child’s parent – a grandparent, for instance – may also assert custodial rights over the child. But even in these cases, the parent’s custodial rights take precedence.
Pennsylvania law states: “In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent.”
To learn more about your child custody rights, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania May Suspend Life Sentences for Juvenile Offenders
Pennsylvania is still grappling with how to interpret the United State Supreme Court’s recent landmark ruling in Miller v. Alabama that mandatory life sentences for juvenile offenders constitute cruel and unusual punishment under the 8th Amendment.
The main question is whether the ruling should be applied retroactively to include the 470 people across Pennsylvania now serving mandatory life sentences for crimes they committed as juveniles. That’s more than any other state.
Not surprisingly, criminal defense organizations support retroactivity while prosecutors oppose it.
Many prosecutors even go so far as saying that Miller v. Alabama does not abolish mandatory life sentences for juvenile offenders. Instead, they say, such sentences may be given but only after there is a special sentencing hearing similar to those given in death row cases.
The Pennsylvania Supreme Court hears arguments on these issues this week.
Why You Need an Experienced PFA Lawyer
In Pennsylvania, any person who files a PFA restraining order gets a free attorney. But people who are served with a PFA do not. We strongly advise that you hire our experienced PFA attorney to strongly defend you and help level the playing field. In most cases, we get the PFA dropped.
Many people who are served with a PFA make the mistake of not taking it seriously. They may not show up for their hearing. Or they may choose to represent themselves at the PFA hearing. But a PFA has severe consequences that can haunt you for years like a criminal record. If you’ve been served with a PFA, you need to take it seriously.
If you fail to appear at your PFA hearing, a judge may hit you with a no-contact order lasting three years, the maximum penalty allowed under Pennsylvania law. You can be jailed for six months for violating any provision of a PFA order – even if your accuser is lying.
If you choose to represent yourself, you run the risk of being manipulated by your accuser’s attorney. Do not make the mistake of thinking that your accuser’s lawyer is looking out for your best interests. Only your own lawyer will do that.
Many cases of alleged harassment, stalking, and abuse simply do not rise to the level of a PFA. We know Pennsylvania PFA law and can defend you from false allegations and exaggerations. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Ends Disability Aid for Mentally Ill
Pennsylvania continues to hack away at social services for its poorest citizens.
This week, the Department of Public Welfare ended a program that expedited the process of getting Social Security disability payments to low-income, disabled women suffering from mental illness.
The move came just weeks after Pennsylvania abolished its General Assistance Cash Grant program, which provided $200 per month to people with no other sources of income.
Please join us in opposing these budget cuts by contacting your state lawmakers today.
“Legitimate Rape” and Child Custody Laws
Missouri Congressman Todd Akin lit a political firestorm with his statement that “legitimate rape” rarely results in pregnancy. “If it’s legitimate rape,” Akin said, “the female body has ways to try to shut that whole thing down.”
What is “legitimate rape?”
And how can a woman’s body distinguish the sperm of a rapist from a consensual partner?
But some good may result from the controversy, as Akin’s comment has shifted the political focus to women’s rights.
Today 31 states allow men who father through rape to assert child custody and visitation rights.
I mean can you imagine getting raped, becoming pregnant, having the child, and then having your rapist seek custody rights over the baby and becoming legally bound to you for the next 18 years?
It’s unthinkable.
But that’s precisely what happened to Shauna Prewitt, a rape survivor, attorney, and activist who investigated the custody rights of men who father through rape.
Moreover, Prewitt’s rapist threatened to assert custody of their child unless she stopped pursuing criminal charges against him. Most states sanction this cruel form of blackmail.
Nineteen states, including Pennsylvania, passed laws allowing courts to terminate parental rights of men who father children through rape. Pennsylvania law states: “The rights of a parent in regard to a child may be terminated” if “the parent is the father of a child conceived as a result of a rape or incest.”
Hopefully, Akin’s “legitimate rape” comment will inspire more states to follow Pennsylvania’s lead and pass legislation restricting the ability of men who father children through rape to assert custody rights.
Client Relieved as Spivak Law Firm Gets PFA Dismissed
Dave, my client, can’t sit still. About a week ago, he was served with a PFA restraining order from his wife for stalking. Now he’s pacing the third-floor hallway of the family court building in downtown Pittsburgh nervously awaiting his PFA hearing.
I met Dave a few days earlier at my law offices to discuss his case. Dave and his wife were separated for several months. They have a young son together. They both also have children from prior relationships.
She claims he was stalking her by showing up unexpectedly at places like the grocery store, the gas station, Kennywood and Sandcastle. Dave denies following her, and says it was coincidental — after all, they live in the same neighborhood.
Dave was anxious about the PFA. He knew his wife was using it to gain custody rights over their child. The PFA system — though vitally important for helping victims of domestic abuse — is routinely abused by people aiming to get leverage in a child custody case or to evict an ex from a shared residence.
He also worried that she would one day lie about him violating the PFA to get him arrested. Violating any provision of a PFA can land you in jail for 6 months. In domestic violence cases, police routinely make arrests based solely on the complainant’s statement.
I asked Dave to stay in the waiting room with the other PFA defendants while I met with his wife’s attorney. Most PFA cases get resolved by the attorneys without ever having to appear before a judge. But the wife’s attorney insisted on a three-year PFA against my client – the maximum allowed under Pennsylvania law.
I told the attorney that no judge would grant a three-year PFA against my client. But the opposing counsel would not budge. So I said we needed to go before a judge.
At the PFA hearing, I argued that the wife did not allege any physical abuse or threatening behavior. I further explained that the wife does not fear my client, and provided the judge with recent hotel receipts, phone records, and witness statements proving their ongoing relationship.
The judge dismissed the PFA order. My client let out a big sigh of relief and threw his arm around me.
At Spivak Law Firm, aim to provide the strongest possible defense for people accused of stalking, harassment, verbal threats, and physical abuse. In most cases, we get the PFA dismissed. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.