Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

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Monday, December 27, 2021

What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

best child custody lawyers

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  
Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

Failing to pick-up or return the children on time 
Cancelations and missed parenting time
Failing to inform you about important events or issues
Badmouthing you to or in front of your children
Drug and alcohol use
Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court
Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt
If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

Monday, December 20, 2021

Updating Your Estate Plan After Divorce

family estate planning attorney

Divorce often involves a lot of change in a short period of time, so it can be easy to overlook important issues like updating your estate plan. If you’ve recently been divorced, you’ll need a lawyer to draw-up your Will, draft updated powers of attorney, and help make other adjustments to your estate plan that reflect your goals and wishes for this new stage of your life. 

Write a New Will

Your family estate planning attorney will most likely recommend that you start fresh after your divorce and create a Will that names a new executor. This ensures that your previous Will is revoked and can eliminate confusion and conflict in the event of your passing. 

Revisit Guardianship of Minor Children

If you are co-parenting and on good terms with your former partner, you may have agreed to keep guardians for minor children as they are. If you want to change who you specify as guardian in your estate plan, the best divorce lawyers in Delaware County, PA advise clients to discuss it with their family law attorney and estate planning lawyer before making any revisions. Any custody or guardianship decisions that are specified in your divorce settlement agreement must be taken into consideration.

Update Your Advance Directive and Powers of Attorney

Most married couples designate their spouse to make health care and end-of-life decisions for them. If your divorce was amicable and both parties agree to maintain the status quo, you don’t have to change anything. However, if you are concerned about who should make these decisions in the event of your incapacitation, it’s important to change the agents you named in your power of attorney for health care and advance directive. The same goes for power of attorney for finances. You can revoke powers of attorney at any time, including during the divorce process. An attorney can ensure that that existing powers of attorney are properly revoked and help you create new ones. 

Name New Beneficiaries

It’s also essential to update beneficiaries on the following:

Life insurance policies

IRA, 401(k), pension, or other retirement accounts

Bank accounts

Investment accounts

Real estate with transfer-on-death deeds

Vehicles with named transfer-on-death beneficiaries

Any accounts you have that require the naming of a beneficiary should be updated after your divorce. 

Update Trusts

Top probate lawyers often recommend a revocable living trust as part of an estate plan, which can allow an estate to avoid probate. If you and your ex-spouse had a joint trust, assets held in it may have been divided in your divorce. In this case, your trust may have already been revoked or dissolved. Regardless, it’s important to make sure you create a new trust or update beneficiaries of any trusts you have to reflect your wishes. 

If you’re splitting-up with your spouse or need assistance with sorting-out estate planning after your divorce, an affordable divorce attorney can help you understand your rights and protect your interests.

Monday, December 13, 2021

How Posting On Social Media Can Jeopardize Your Personal Injury Claim

Personal injury lawyers

Although it provides benefits like keeping in touch with loved ones who are far away, social media can work against you in a personal injury claim. Personal injury lawyers in Chester County PA advise clients to limit social media posts or deactivate their accounts until after a claim is settled. Here are some common reasons why. 

Social Media Posts Are not Private – They Can Be Used As Evidence
Anything you post on the internet should be considered public, even if you set-up your accounts with strict privacy controls. Insurance companies and their lawyers are always looking for reasons to deny or minimize personal injury claims. They scour injured victims’ social media accounts to find anything to discredit their claims or downplay their injuries and losses. 

Photos, posts, and comments from friends and family are also fair game in a personal injury lawsuit. For example, you may make an innocuous post with a photo of a beautiful mountain where you once hiked. If a family member comments on it and says something like “I bet you’ll be traveling after you get your huge settlement,” it can portray you in a negative light and give the defense fodder to impugn your character. Any accident or injury lawyer will tell you to be to be extremely cautious about what you and your loved ones put out there for the world to see. 

You May Contradict Yourself
It is important not to post any information or commentary at all about your accident, injuries, or claim. Regardless of what you write, your words may be twisted to make it appear like you are just in it for the money or faking your injuries. 

Without even realizingt, you may contradict claims that you made about the accident or the severity of your injury. For instance, if you suffered whiplash in a car accident and post about going golfing on social media, an insurer or their attorneys may use it to challenge the validity or severity of your injuries. 

Check-Ins Can Hurt Your Case
Check-ins on Instagram, Facebook, Twitter, and other social media sites can also show that you are doing things that would not be possible if your injuries are as serious as you claim. Something as simple as taking your kids to an amusement park and checking in can jeopardize your case, even if you do not participate in activities while you are there. If your Pennsylvania personal injury lawyer advises you not to check in on social media, it isbest to heed their warning. 

Deactivating Your Social Media Counts is Best
Your injury lawyer will most likely advise you to deactivate your accounts until your case is completed. If you must use social media, refrain from posting anything personal. Limit your use to liking other people’s posts and sharing news articles, silly memes, funny animal photos, and other harmless items. Avoid commenting on others’ posts. Make sure to ask friends and family not to tag you in photos or mention anything about your accident, injuries, or case. All your social media settings should be set to private. 

If you or a loved one has been hurt in an accident, our personal injury lawyers in Chester County PA can advise you of your options and help you recover the compensation you deserve.

The Role of a Lawyer in Domestic Abuse Cases

Domestic abuse cases can be deeply traumatic and complicated. When navigating these difficult circumstances, victims often rely on the legal...