Steps to Take If You Find Yourself in the Middle of A Custody Battle

Being involved in a child custody battle can be emotionally and financially draining. When things get heated, it is easy to lose sight of your objectives. Our custody attorneys advise clients on what to do and what not to do amidst a custody dispute. These tips can help you deal with tense situations and increase your chances of gaining custody while keeping your children’s best interests at the forefront. 

Note, if you are located in Southeastern PA or Northern Delaware, and looking for legal help with your custody issues, you can contact the law firm of Perna & Abracht here.

Hire A Child Custody Lawyer

In a contentious custody battle, it is not a good idea to go it alone. Family law in Pennsylvania is complex, and the best divorce lawyers are also skilled at dealing with child custody issues and matters, including child support. An attorney can evaluate your case, help you form a strategy, and guide you through the process every step of the way. Having a skilled lawyer in your corner can help to ensure that your rights and your children’s well-being are protected. 

Be Objective

There is no doubt that emotions run high when it comes to issues involving children. Try not to get wrapped-up in the drama of the situation – practicing compassion and putting yourself in the other parent’s shoes can go a long way in resolving custody issues. It is also important to ask yourself what your motivations are. Are you doing what is best for your children? Sometimes the answers to these questions can be hard to swallow, but can also make things easier and more pleasant for everyone in the long run. Because your attorney is not emotionally attached to the situation, he or she can provide an objective perspective that may help you see things in a different light. 

Gather Evidence and Documentation

It is vital to have evidence that supports your case. This can be anything from keeping a record of your co-parent’s involvement in school or other activities, their interactions with you and your children, and even witness testimony. The more you know about your children, the better. Make sure you are up on what is going on in their lives, whether it is knowing the names of their teachers, the subjects they like studying, any hobbies or sports they enjoy, or more serious matters such as their medical needs. Do not attempt to stretch the truth or fabricate evidence in your favor. Honesty is always the best policy, even if you fear that a custody agreement will not turn out exactly as you wish. 

Try Alternative Dispute Resolution First

Settling a custody dispute out of court can help save you time, money, and aggravation. Not only that, it is better for your children as well. Even if you are angry with your co-parent, being flexible can help you come to a reasonable agreement in a more timely manner. If you and your co-parent have a hard time with civil communication, your attorney can handle negotiations and act as your advocate.  

Present a Positive Image

When you’re going through a child custody battle, your image and behavior are under a microscope. Your role as a parent and attentiveness to your children will be scrutinized, so it is important to conduct yourself with dignity. Do not badmouth your co-parent to your children or anyone else. It can have a negative impact on your kids, and you never know when your words may come back to bite you. Avoid using social media if you can. Do not post anything about your divorce or custody case. It is also important to refrain from posting pictures that show you consuming alcohol or drugs. Even an innocent photo of you enjoying a glass of wine after work can be misrepresented as a problem. 

Whether you are in mediation or a courtroom, always dress conservatively, be polite, and be on time. These seemingly-little things can make a significant impression on judges, social workers, and others who may be involved in your case. 

Even in the best of circumstances, issues surrounding child custody can arise. A child custody lawyer in Pennsylvania can assist you with your case, improve your chances of a successful resolution, and take some of the burden off your shoulders during challenging times. 

This blog was originally posted on https://www.pa4law.com/steps-to-take-if-you-find-yourself-in-the-middle-of-a-custody-battle/

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Questions to Ask When Looking for a Divorce Attorney

Finding a divorce attorney who is right for you can be daunting. Ending a marriage can be emotionally and financially draining as it is, so it is important to hire an attorney who has your best interests in mind.  Arming yourself with knowledge before you begin your search can help you feel more confident about your decisions and help you understand the divorce process. Asking some questions can also prepare you for what lies ahead and help you find a divorce lawyer who meets your needs and meshes with your communication style. 

Do you know that the Perna & Abracht legal team is always available to answer your divorce questions here, without any obligation?

Experience & Qualifications

There are a few questions to ask that can give you an idea of whether or not a lawyer is experienced in handling divorce cases, including:

• How long have you been practicing family law? 

• Is divorce your specialty?

• How many divorce cases have you handled? How many were settled out of court?

• Are you familiar with local family court judges, lawyers, and other officers of the court?

• Do you have experience handling cases that involve child support, alimony, business valuation, and significant assets? (This question will depend on your specific circumstances)

• Are you skilled in alternative dispute resolution such as mediation or collaborative divorce?

• How many of those cases were you able to settle out of court?

Strategy

• Do you think it is better to mediate and negotiate than go to trial?

• Will you ask my opinion before planning a strategy?

• What is your strategy for my case?

• Will I be able to negotiate directly with my spouse?

• How long do you think it will take to resolve my case?

• Based on the circumstances, what do you think the best possible outcome could be for my case? The worst?

Availability

• Will you or another attorney handle my case? If someone else is handling it, what is their experience?

• Can I meet others from the firm who will be involved in my case?

• Will you be readily available via phone, email, or text? 

• What is the best way to contact you if I need help with an urgent matter? What do you consider an emergency?

• Will I be kept informed of all developments in my case?

Legal and Tax Implications

• How are marital assets divided in my state? 

• Am I entitled to spousal support or alimony or will I have to pay?

• How do you ensure you are getting accurate financial information from my spouse?

• What are the tax implications of my financial decisions surrounding the divorce?

Custody & Child Support 

• How are child custody and support determined in my state?

• What are your recommendations for custody and child support based on my circumstances? 

• How can I increase my chances of gaining custody? 

• Will I have to pay child support or will I be entitled to child support? 

Fees & Costs

• Do you charge an hourly rate or a fixed fee?

• If hourly, what is your rate? 

• How much do you require for a retainer?

• What are the rates for the services of paralegals and other professionals in your office?

• Will I be charged for phone calls?

• Do you anticipate additional costs such as hiring a private investigator or other professionals? 

• What can I do to help keep costs down?

Find an Attorney Who Always Puts Your Interests First

Asking these questions can help you get a feel for an attorney’s style and whether they will be a good fit with your personality. Do not hesitate to ask any additional questions you may have as well. Talking with a skilled, compassionate Pennsylvania divorce lawyer can help put your mind at ease and make the process less stressful.

This blog was originally posted on https://www.pa4law.com/questions-to-ask-when-looking-for-a-divorce-attorney/

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How Does Domestic Violence Affect Divorce Cases?

Although there are laws in place that are designed to protect victims of domestic violence, millions of Americans still suffer abuse at the hands of loved ones each year. Domestic violence is a factor that is taken into consideration in some divorce cases, but it can be challenging to understand how the law works and how these factors may influence your divorce. Your divorce attorney can explain how domestic violence may affect your case and help you find ways to protect yourself if you are still dealing with a violent or threatening partner. It is also critical to have an attorney represent your interests if you have been accused of domestic violence.

Note: If you are located in the Southeast PA or Northern Delaware, get legal representation from the area's leading divorce attorneys here.

Types of Divorce in PA 

The majority of divorces in Pennsylvania and other states are no-fault, which means that both parties have mutually agreed to separate or one party has waited the required amount of time to divorce without the other party’s consent. Divorce on fault grounds requires one party to show that their spouse committed an act such as abandonment, adultery, cruel and barbarous treatment, bigamy or other acts. Depending on the specific circumstances, physical and mental abuse may be considered cruel and barbarous treatment, so it can have a significant impact on your divorce if you file on fault grounds. 

How Domestic Violence may Affect Division of Marital Property and Alimony

Pennsylvania is an equitable distribution state, but this does not mean that assets are always split 50/50. A judge may decide to award a larger share of a marital estate to a spouse who has been a victim of domestic violence, especially if the abuser’s behavior had an impact on the couple’s finances. For example, if an abuser’s actions prevented their spouse from holding a job, the victim may be awarded a larger portion of marital assets. Domestic abuse may also be a factor when determining alimony amounts, particularly if an abused spouse was financially dependent on the other or the abuser caused them financial harm. A spousal support attorney can determine what you may be entitled to and work to ensure you receive a fair settlement and alimony, if applicable. 

Domestic Abuse & Child Custody

In matters surrounding child custody, the court’s priority is the child’s best interest. If it can be shown that one spouse was abusive to another, the abuser is usually less likely to obtain custody of the children, even if the children were unaware of the abuse. If your spouse has been abusive, the court may prohibit overnight visits, require supervised visitation, and order that all exchanges of the children are conducted in a public place like a police station. If the abuse is extreme or your spouse also abused the children, a judge may not allow any visitation at all. If you believe your children are at risk, it is vital to have a good child custody lawyer who is well-versed in the law and who will fight to protect your children’s safety. Your lawyer can also help you file for a Protection from Abuse order (PFA) for you and your children if necessary. 

Settling a Divorce Out of Court

Proof of domestic abuse can also give you leverage if an abusive spouse wants to keep their behavior from coming to light in a courtroom. A skilled Pennsylvania divorce attorney may be able to negotiate an advantageous settlement without ever having to take your case to trial.

How an Attorney Can Help

If you are divorcing an abusive spouse, it is important to have someone to act as your staunch advocate. A seasoned divorce lawyer can assess your case and advise you on the best course of action to stay safe, develop a strategy to hold your spouse accountable, and protect your rights. 

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-violence-affect-divorce-cases/

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What is the Probate Process in Pennsylvania?

Probate is the legal process used to administer and settle an estate in Pennsylvania. Knowing how the probate process works is vital if you are the executor of a will or a relative of someone who has passed away without a will. If you are creating an estate plan, an attorney can help you understand the basics of probate and help you craft a plan that meets your needs and protects your loved ones’ interests. 

The Purpose of Probate

The aim of probate is to collect an estate’s assets, settle any final debts, pay any tax due, and ensure that the remaining property is distributed to the decedent’s beneficiaries or heirs. When there is no will, the court appoints an administrator for the estate and their assets are distributed according to the laws of intestacy, which determine who will inherit the decedent's assets. 

Depending on the circumstances, probate can be a complex process. Although some estates can be wrapped-up in a few months, if there is no will or it is contested, settling an estate can take more than a year.  If you are unfamiliar with probate or anticipate problems or conflict surrounding a loved one’s estate, having an experienced attorney assist you with probate is vital to help the process run more smoothly and avoid errors.

Steps Involved in the Probate Process

Validating the Will

First, the executor of the will or personal representative of the estate is required to take the will, a certified copy of the death certificate, and a petition for Letters Testamentary to the Register of Wills in the county where the decedent resided. After it is determined whether the will is valid, the Letters Testamentary are issued and a fee is paid. The personal representative must also file a petition for probate, which asks the local probate court to open the case. If there is no will, Letters of Administration will be issued to the administrator by the probate court. The administrator is usually the next of kin, but it can be anyone depending on the particular circumstances. These documents give the executor or personal representative (i.e., the Administrator) authority to gather assets and act on behalf of the estate. 

Estate Administration

All of the assets of the estate are identified, located and gathered by the personal representative or executor. They also must publish a legal notice in at least one local newspaper and one legal reporter or newspaper of general circulation, which informs the public, heirs, beneficiaries and creditors that probate is beginning. Certification of these notices must also be filed with the court. After inventorying estate assets, the administrator pays all debts and taxes. If any estate property needs to be sold, the personal representative is permitted to do so, but must file periodic status reports with the court. A discount of 5% is given if Pennsylvania inheritance taxes are paid within three months of the date of death. The final tax return is due nine months from the date of death. 

Final Accounting and Distribution of Assets

When all matters have been resolved, a final accounting of the estate administration is prepared, and the remaining assets are distributed to heirs or beneficiaries. If there are any disputes by creditors or beneficiaries, or if there are any inconsistencies in the accounting, a formal accounting to the court may be required. A skilled probate attorney will oversee all aspects of probate, and can help you deal with any issues or conflicts that may arise. 

Whether you are creating an estate plan or need assistance with probate and estate administration, seeking the counsel of an experienced attorney in Pennsylvania can give you peace of mind and refine the process. 

This blog was originally posted on https://www.pa4law.com/what-is-the-probate-process-in-pennsylvania/

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Child Support for Children with Special Needs

Hashing-out child support issues can be challenging. They can be especially stressful when you have a special needs child who needs extra care or services. Many special needs children require help beyond the age of majority (typically 18), and parents often wonder how their child will be taken care of should they become unable to do so. Special needs children and adults are often eligible for government assistance, so if you are in the middle of a child support battle, it is important to hire the best child support lawyer you can find. An attorney should understand how child support payments can impact the benefits that a person with special needs receives from government programs, and ensure that a child support order does not put their eligibility at risk. 

Child Support Determinations

Many different things are taken into consideration when determining who will pay child support and in what amounts. Child custody arrangements, both parents’ income and earning potential, and other factors impact the amount a child receives. However, in cases involving special needs children, there may be additional expenses to consider, such as educational needs, at-home care, medical treatment, equipment, and medications. It is critical for your attorney to bring these issues to light during the initial support determinations to ensure the cost of your child’s care is fully covered.   

Modifications to Child Support Orders

Circumstances change, so it may be necessary to ask the court for a modification to your child support order. It is important to save all of your child’s medical and education records, receipts for treatment and care, and any other documentation of your child’s needs, such as reports from doctors, physical and occupational therapists, mental health professionals, and educators.  

Special Needs Trusts

Typically, child support payments stop when a child turns 18. In cases involving special needs children, courts may order that support continue into adulthood. Children and adults with special needs may receive Medicaid, SSI or SSDI, housing, and other government benefits, so making sure that child support amounts do not affect these benefits is vital. One way to do this is to create a special needs trust. 

What Is A Special Needs Trust?

There are two types of special needs trusts. A first-party trust holds assets that belong to the beneficiary, including child-support payments, damages awarded in a personal injury claim, and gifts made directly to the child. A third-party special needs trust holds assets that do not belong to the beneficiary, but are used for their benefit by the trustee. If you have a family estate planning attorney, you may want to consult with him or heer about which type of trust will best protect your child’s interests should you pass away or become incapacitated.  

It is important to note that Medicaid payback provisions apply to first-party trusts, and child support payments that exceed income amounts for SSI may jeopardize your child’s eligibility for these benefits. Funds in a third-party trust are not subject to these provisions, but may only be used for certain things to ensure the child is still eligible for benefits. Setting up a special needs trust the right way can allow parents to provide for a child while protecting the child’s ability to receive government benefits. 

How an Attorney Can Help

If you are considering divorce or need help with matters involving financial support for a special needs child, avoiding these potential pitfalls is essential. Reach-out to our experienced divorce attorneys here. We can help you understand your options and ensure that the final support agreement is written in a way that protects your child’s interests and any government benefits to which your child may be entitled.

This blog was originally posted on https://www.pa4law.com/child-support-for-children-with-special-needs/

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5 Vital Estate Planning Documents that Protect Your Legacy

Estate planning is not something most people like to think about, but due to the COVID-19 pandemic, many are creating or updating their wills and other important documents. Although you may believe that a will is sufficient for settling your affairs, it is only one piece of the estate planning puzzle. Having a lawyer help you create the following four vital estate planning documents can ensure your rights are protected and your legacy lives on as intended. 

1. Last Will & Testament

A will enables you to dictate how your property and assets will be distributed to beneficiaries following your death. It also gives you the opportunity to name an executor who will manage and settle your estate. If you have minor children or care for an adult with special needs, you can also appoint a guardian for them in your Will. 

When someone dies without a Will, things can become complicated for their loved ones. The probate court will appoint an administrator to handle your estate, and may also appoint guardians for any dependents. Your assets will be distributed according to intestate succession laws, which means your property may not be distributed according to your wishes. The settling of your estate through the probate process can take significantly longer without a Will. If you already have a last Will and Testament, make sure to update it regularly, especially following divorce or the death of a spouse or other loved one. 

2. Living Trust

Alternatively known either as a “Revocable Trust” or “Irrevocable Trust,” a Living Trust is a separate legal entity that is created to hold assets. Typically, this is done to prevent these assets from going through probate, to decrease tax liability, and/or for personal or family reasons. If the Living Trust is “revocable,” you can change the trust terms, transfer property in and out of the trust, or end the trust altogether while you are alive. Upon your death, the named trustee may continue to administer the assets in the trust, or terminate the trust, depending on your Trust instructions.

3. Advance Medical Directive

Also known as a living will, an “Advance Health care” Directive allows you to specify your wishes for end-of-life decisions such as CPR,  life support, and organ donation. Unexpected illness or incapacitation means that your family may have to make medical decisions without knowing what you would have wanted. This can lead to unnecessary conflict and emotional distress for your loved ones, and may even result in them making decisions that do not align with your wishes and values.  It also ensures that medical providers will follow your wishes in determining the kinds of medical treatment you receive.  In the age of COVID-19, Advance Health Care are more important than ever.

4. Power of Attorney for Finances

Another important issue to address is who will take care of your financial matters if you become incapacitated. In a Power of Attorney for finances, you can name an agent who will handle tasks such as paying bills, managing bank and investment accounts, buying and selling real estate, stocks, bonds, and other assets, filing and paying taxes, and other financial matters. Appointing a person you trust to make these decisions is crucial. If you are uncertain about who to name as your agent, an attorney can provide an objective perspective on who may be the best person to handle your health care and/or finances if you are unable to do so.

If you need assistance with estate planning or other legal matters, click here to contact an experienced attorney and get started.

This blog was originally posted on https://www.pa4law.com/5-vital-estate-planning-documents-that-protect-your-legacy/

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Types of Damages in Personal Injury Cases

When you have been injured or have lost a loved one in an accident, filing a personal injury claim against the at-fault party allows you to recover compensation for your damages. In most personal injury cases, damages are intended to “make the plaintiff whole.” Although no amount of money can change what happened, an attorney can help you understand the types of damages to which you may be entitled if you are hurt, or a family member is killed, due to someone else’s negligence. 

Economic Damages

Economic damages are measurable, objectively verifiable financial losses. Common types of economic damages include:

MEDICAL BILLS – Medical expenses such as surgery, hospital stays, physical therapy, rehabilitation, medications, and ongoing treatment can be costly, especially if an injured victim has sustained a catastrophic injury or is permanently disabled. If someone requires lifelong care or adaptive devices like prosthetics, it is important to accurately value future medical costs. Hiring an attorney can help to ensure you receive adequate compensation for both past and future medical expenses. 

LOSS OF INCOME – Damages for lost wages include compensation for work that a victim could have earned if they had not suffered an injury. If you are permanently unable to work due to your injury, you may also be entitled to compensation for loss of  future earning capacity.  

PROPERTY DAMAGE – You may be able to recover compensation for any property damage sustained in an accident that was someone else’s fault. For example, car repair or replacement.  

Non-Economic Damages

Also known as general damages, non-economic damages are harder to quantify – they are highly subjective and vary from case to case. It is critical to seek the counsel of a lawyer who knows how to correctly calculate and prove which general damages you may be entitled to recover. Types of non-economic damages include:

EMOTIONAL DISTRESS – People who are severely or permanently injured often suffer from mental anguish, anxiety and stress. 

PAIN AND SUFFERING – Those who suffer serious injury may experience chronic physical pain, which can make it impossible to enjoy or even perform everyday activities like taking a walk or playing with their children. 

EMBARASSMENT AND HUMILIATION – Reduced ability to function, disfigurement, lack of independence and other conditions can cause injured victims to suffer embarrassment and humiliation. 

LOSS OF ENJOYMENT OF LIVE – An injury can deprive you of the pleasure of participating in things you used to enjoy, such as social outings, sports, and hobbies. 

LOSS OF COMPAINIONSHIP OR CONSORTIUM – Wrongful death or personal injury can destroy marriages, friendships and other family relationships.

Punitive Damages

Punitive damages may be awarded if an at-fault party’s conduct was particularly outrageous, reckless or malicious. Punitive damages are not designed to compensate the victim – they are intended to punish the wrongdoer and discourage others from committing similar acts. Drunk drivers who cause injury in a car accident often end up being liable for punitive damages in addition to compensatory damages. 

How Are Damages Calculated?

Personal injury claims are complex. No two cases are alike, and the amount of damages you may recover depends on the extent of your injuries, how they have impacted your life, and other factors. There is no set way to calculate damages, but insurance companies and attorneys often use the "multiplier method" to determine the total amount of general damages, including pain and suffering. 

This means that they take the total dollar amount of economic damages and multiply it by a number that is typically between 1.5 and 5. Your attorney will determine an approximate value of your claim by looking at the evidence surrounding the circumstances and the impact of your injuries. Insurance companies try to undervalue or deny claims any way they can, so it is critical to have a skilled attorney who will fight to help you recover maximum compensation and make things right for you and your family. 

If you have been injured or have lost a loved one in an accident, an experienced personal injury lawyer can help you understand your rights and provide legal counsel you can trust. 

This blog was originally posted on https://www.pa4law.com/types-of-damages-in-personal-injury-cases/

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