Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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Squirrel Hill Family Law

Child Custody: Relocation

When parents of minor children separate or divorce, their ability to relocate to a new residence may be restricted.

Parents must either get the other parent’s approval or obtain permission from the court in order to relocate.

The judge considers many factors when making the decision on whether to grant the relocation request, including the child’s preference, the age of the child, and the reason for moving. Ultimately, the parent who wants to move must convince the judge that moving will be in the child’s best interest.

Spivak Law Firm provides strong, compassionate representation in child custody cases. We handle all child-custody matters, including trials, drafting agreements, and relocation hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Shared Custody for Working Parents

 

Custody Pic3In many families, the Dad is the breadwinner and the Mom stays home with the children. But if they separate or divorce, each parent still may be entitled to equal time with the children.

The distance between parents’ residences is a key consideration for deciding whether a shared custody schedule is appropriate. Living in the same school district will increase your chance of winning shared custody.

Spivak Law Firm handles all child custody matters. We negotiate and draft custody agreements, litigate custody relocation hearings and trials, and work closely with clients to develop legal strategies to achieve their goals. We provide strong, compassionate, cost-effective representation.

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

Divorce May Result in Multiple Trials

ConflictIn Allegheny County, every aspect of a divorce is handled separately through the courts.

A divorce commonly includes the following issues: child custody, child support, spousal support, dividing marital assets and debts, and the divorce itself.

There is not just one trial that resolves all these issues.

Instead, each issue is placed on a separate trial track. This means you may face multiple trials or hearings: one to address child support, another to resolve child custody, and still another to determine how to divide assets and debts.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and Protection From Abuse (PFA). Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Summer Vacation

dandelion wishing blowing seedsChildren eagerly await the end of the school year and the start of summer vacation. But summer vacation can be a stressful time for you and your ex, as this means accommodating one another’s vacation schedules. These five tips can help alleviate some of the tensions that arise when planning vacations:

  • Tell your ex your plans ahead of time;
  • Do not violate the terms of an existing custody order;
  • Give your ex the details of your trip (location, lodging, transportation, phone numbers, etc.);
  • Arrange for communication between the children and your ex;
  • Confirm the agreement in writing.

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

Are PFA Hearings Fair?

BU010665If 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.

What to Expect At Your Child Support Hearing

Custody Pic5In 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.

Why You Need A Child Custody Order

 

The father and the son

Q: My ex and I get along well. Do we need a child custody order?

A: Yes.

A child custody order is critical even for parents who communicate well and cooperate with one another. Without a court order, each parents risks enduring bad behavior by the other parent.

For instance, without a custody order, your ex may suddenly relocate to a new state or school district without seeking your consent. During holidays, especially, a custody order is critical if one parent unilaterally decides to withhold the child from the other parent.

A custody order is fully enforceable by a judge. Violating the order can result in make-up time with the children and sanctions such as attorney fees.

Even under the best-case scenarios where parents remain friendly, an enforceable child custody order is highly advisable. To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

 

What’s In A Child Custody Order?

Beautiful baby of three months old in his mothers hands.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.

Finding the Right Family Law Attorney For You

95732591Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:

  • Does this lawyer seem confident, strong, and experienced?
  • What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
  • Is this person a skilled negotiator, trial lawyer, and communicator?
  • What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
  • How will the parenting plan be developed and who will develop it?
  • If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
  • Do I trust and respect this person? Can we have a good working partnership?
  • Can I be honest with this person? Do I feel comfortable sharing intimate details?
  • Is this person honest and candid with me?
  • Does the lawyer pay attention to me? Does he or she have time for me?
  • Can I afford this lawyer?

For a free consultation with an experienced Pittsburgh 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.