Divorce is a life-changing event similar to the death of a loved one. Talking with a therapist to seek support during this challenging time can be very helpful. Your friends and family members may try to be supportive during your divorce, but they may not know the right things to say or do to help […]
BEWARE OF COMMINGLING INHERITED PROPERTY
Inherited property, which is property acquired by bequest, devise, or descent, or property acquired in exchange for such property, is nonmarital property and not subject to equitable distribution between in a Pennsylvania divorce. However, if a spouse commingles inherited property with martial funds which are not held separately from marital assets, the inherited property looses […]
WILL I GET ALIMONY IF MY SPOUSE CHEATED ON ME?
Alimony is a payment by a former spouse following divorce made to meet the needs of the other former spouse who is unable to support himself or herself through appropriate employment. Alimony is based upon the reasonable needs of a former spouse in accordance with the lifestyle and standard of living established by the parties […]
4 TIPS FOR MANAGING EXPECTATIONS IN YOUR DIVORCE CASE
If you are going through a divorce or thinking about a divorce, it is very important that you have realistic expectations of how your divorce case will proceed. Otherwise you may become frustrated with the divorce process and disappointed with your attorney. Most divorce litigants are frustrated with the process because they have unrealistic expectations […]
OVER DUE CHILD SUPPORT OBLIGATOR’S PRESENT ABILITY TO PAY PURGE MUST BE CONISDERED
In Pennsylvania parents are required to support their children. The amount of child support that a parent must pay is decided by evaluating the incomes of the parties and applying the Pennsylvania support guidelines. Once an order of support is entered by the court, the parent must pay the amount ordered or face contempt proceedings. […]
CHILD’S ENTRANCE INTO FULL-DAY SCHOOL DOES NOT REQUIRE THAT ONE PARENT HAVE PRIMARY PHYSICAL CUSTODY
In R.S. v. T.T., 2015 Pa. Super. 72 (Pa. Super. 2015), the Superior Court considered whether the trial court properly awarded Mother primary physical custody of a child entering full-day school. The parents had previously shared physical custody of the child since he was very young. Additionally, the parents lived 14 miles apart. Mother primarily […]
WHAT IF I AM SEEKING A CHILD CUSTODY ORDER BUT I HAVE A HISTORY OF CRIMINAL OR ABUSIVE BEHAVIOR?
Pennsylvania law requires that ever person who files a child custody action complete and file a Criminal Record Abuse History Verification with the custody action. You will need to disclose certain criminal or abuse history concerning yourself and any other adult living in your household. A blank verification form must be attached to the Custody […]
SPECIFIC FACTORS MUST BE CONSIDERED IN CHILD CUSTODY RELOCATION CASES
The trial court must consider and apply the ten (10) factors set forth in the recently amended custody statute when a parent requests court permission to relocate a child in a child custody case. At a relocation hearing, the judge must consider 10 specific factors and give weighted consideration to those factors that affect the […]
CHILD CUSTODY LITIGATION SPECIFIC FACTORS MUST BE CONSIDERED BY THE TRIAL COURT
A recent Pennsylvania Superior Court decision has determined that a trial court judge in a child custody case must consider factors set forth in Pennsylvania’s newly enacted child custody statute in making an award of child custody. On November 23, 2010, the Pennsylvania legislature enacted the Child Custody Act, Act No. 112 of 2010. The […]
CHILD CUSTODY – WHAT TO DO WHEN YOU HAVE BEEN ACCUSED OF CHILD SEXUAL ABUSE?
An allegation of child sexual abuse, even a false one, will change your life. This is particularly true in a child custody case. Your character will be called into question and you will sense tension between you and your friends, family and co-workers. Your child will probably be negatively impacted. Your child may have to […]
CAN MENTAL HEALTH RECORDS BE REVEALED IN CHILD CUSTODY CASES?
If you are concerned about a party’s mental health history impacting how he or she interacts with your child, you may wonder whether a custody court can consider mental health records. This is a rather complex area of the law so this article will only summarize some basic points for consideration. Generally speaking, confidential communications […]
BEWARE OF THE IMPACT THAT SOCIAL MEDIA CAN HAVE IN YOUR DIVORCE AND CUSTODY CASE
If you are involved in a divorce or child custody case, you should be aware of how social media can impact your case. Use of social media evidence in divorce and custody cases is now very common. While it may seem harmless for one to post a picture or comment on social media, the information […]
5 THINGS YOU SHOULD DO BEFORE FILING A CHILD CUSTODY ACTION
If you are a parent, grandparent and other caregiver who is eager to fight in court about custody of children you should pause and consider what is involved in doing so. You may be angry about the other party’s behavior and consequently communication has broken down. Child custody battles are expensive, exhausting and often do […]
5 COMMON SENSE POINTERS FOR SUCCEEDING IN YOUR CHILD CUSTODY CASE
Child custody cases are some of the most stressful cases. Parents, children, and extended family members are all on edge during a child custody case and the stress can negatively impact families so much that litigants sometimes give up. Following these 5 common sense pointers can help you get through your child custody case with […]
ARE EXPENSES CONSIDERED IN CALCULATING MY CHILD SUPPORT OBLIGATION?
A parent’s duty to pay child support is calculated by applying the Pennsylvania Support Guidelines. The Guidelines were developed under the Income Shares Model. This Model examines the percentage that in-tact families spend on basic needs such as housing and food and tells us how much a family at certain income levels typically pay to […]
ALIMONY, APL OR SPOUSAL SUPPORT
Alimony, Alimony Pendent Lite (“APL) and spousal support are words uttered when the topic of divorce is broached. All three have the same purpose – to support the dependent spouse. Support is the care, maintenance and financial assistance of one spouse to another. “Married individuals are required to support each other according to their respective […]
SHOULD I GET A PRENUP?
The wedding day is approaching, and the couple allocated a year preparing every detail to ensure this important day is perfect. Contracts were reviewed for the photographer, caterer, and DJ. Hours were dedicated to finding the perfect dress, cake and flowers. Money was exhausted on the elaborate honeymoon. The last thing any couple wants is […]
I WANT TO FILE A NO FAULT DIVORCE, WHAT DO I DO?
The first step is to file a divorce complaint. For a no-fault divorce, the plaintiff should file under sections 3301(c) and 3301(d) of the Divorce Code. Section 3301(c) is mutual consent no-fault divorce, which means both parties agree to the divorce. Section 3301(d) can be used to obtain a no-fault divorce when opposing party does […]
EMERGENCY CUSTODY RELIEF IN PENNSYLVANIA, DOES IT EXIST?
Pennsylvania’s Child Custody Act permits a court to award a custody litigant emergency relief in certain limited circumstances. Pa. Rule of Civil Procedure 1915.13 provides that “[a]t any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include, but is […]
CUSTODY: FREQUENTLY ASKED QUESTIONS
Frequently Asked Questions Concerning Child Custody How is child custody determined? Pennsylvania’s Child Custody Act sets forth that the court’s must consider the child’s best interest in making a custody determination by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child: (1) Which party is more likely […]