Mediation vs. Litigation: Choosing the Right Path for Your Divorce

When facing the difficult decision of divorce, choosing the right method to proceed can significantly impact both the emotional and financial health of all parties involved. This article discusses the nuances between mediation and litigation, helping you decide the best course of action for your circumstances.

Understanding Your Options

1. Mediation

Mediation is a collaborative approach in which both parties work with a neutral, third-party mediator to negotiate and reach agreements. The key benefits include:

●     Privacy: Mediation allows you and your spouse to negotiate in a confidential setting, away from the public eye. This privacy can ease the emotional strain of divorce proceedings and keep personal details out of the public record, unlike traditional court cases.

●     Control: In mediation, you and your spouse have the opportunity to reach mutually-agreeable decisions, maintaining control over the outcomes, including asset division, child custody, and support arrangements. This contrasts with litigation, in which a judge may make certain decisions.

●     Cost: Mediation is typically less expensive than litigation due to lower attorney fees and reduced court costs. By resolving disputes through mediation, couples can avoid the financial burdens associated with prolonged court battles and extensive legal research.

●     Speed: Mediation can be significantly quicker than litigation, as it avoids the lengthy procedures of court schedules. This process allows for more flexible scheduling, enabling both parties to resolve their disputes in a timely manner and move forward with their lives.

Consider mediation if you and your spouse believe you can resolve issues amicably. Mediation often leads to better post-divorce relationships, crucial for effective co-parenting. However, mediation is not appropriate in all divorce cases. Engaging the best divorce lawyers can help you determine if mediation is advisable in your case, and they can review agreements that result from mediation to ensure that such agreements are in your best legal interest.

2. Litigation

Litigation provides parties with a third-party decisionmaker (hearing officer or judge) for when they cannot come to an agreement by and between themselves which is required in mediation. This is the traditional form of divorce and more structured than mediation. The main aspects include:

●     Formality: The process is governed by formal rules and procedures.

●     Decisiveness: A hearing officer or judge will make decisions if the parties cannot mutually agree on an issue.

●     Representation: Each party typically hires an attorney to advocate for his/her individual interests which mediators do not¾and cannot¾do.

Litigation might be unavoidable if there are significant disagreements, especially involving complex assets or allegations of misconduct.  Litigation is also advisable when there is a disparity of financial knowledge and/or bargaining power between the spouses. If you suspect that your divorce may require rigorous legal intervention, consider consulting a specialized divorce attorney, spousal support attorney and/or child custody attorney.

Key Considerations

When deciding between mediation and litigation, consider the following factors:

●     Complexity of Assets: High-asset divorces might benefit from the detailed legal procedures of litigation.

●     Relationship Dynamics: High-conflict relationships may require formal litigation to resolve effectively.

●     Desired Speed of Resolution: Mediation could be faster if both parties are cooperative.

●     Financial Resources: Mediation is generally more cost-effective, thanks to affordable divorce attorneys, child support attorneys and/or custody attorneys who can assist in streamlining the process.

Who Should Choose What?

●     Mediation is best for couples who have equal knowledge of their finances and equal bargaining power, who are still capable of communicating with each other, and who wish to end their marriage amicably.

●     Litigation is advisable for cases in which communication has broken down irretrievably, in which the parties do not have equal knowledge and/or bargaining power, or where significant disputes over custody or finances exist.

Steps to Take

1. Assess Your Situation: Consider your financial position, the complexity of your custody desires, and your relationship dynamics.
2. Consult Professionals: Speak with attorneys who can provide guidance based on your specific circumstances.
3. Choose the Appropriate Path: Decide which process works best for your needs and goals after discussing the pros and cons of each path with a knowledgeable domestic attorney.

Moving Forward with Confidence

Choosing between mediation and litigation involves understanding the distinct advantages each option offers and aligning them with your personal situation. By considering your relationship dynamics, financial complexities, and desired outcomes, you can make an informed decision that minimizes stress for all parties involved.

For personalized guidance and to discuss your options further, Contact Us for a complimentary consultation. Let us help you move forward with confidence and ensure that your interests are fully protected.

This blog was originally posted on https://pa4law.com/mediation-vs-litigation-choosing-the-right-path-for-your-divorce/

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High-Income Child Support: Legal Considerations and Guidelines for High-Earning Parents

When high-earning parents face the intricacies of child support, there are some unique considerations. Child support laws aim to ensure that children maintain a standard of living that closely resembles the financial situation of both parents. For high-income families, this can introduce a set of unique challenges and considerations.

Understanding Child Support Calculations

Child support in Pennsylvania, including Delaware County, Chester County, and Lancaster County, is calculated based on state guidelines. These guidelines take into account the income of both parents, the number of children, which parent has primary physical custody, and other relevant expenses. However, when a parent's income exceeds the standard calculation models, courts may need to apply a more nuanced approach to determine fair child support amounts.

1. Income Beyond Guidelines: High earners often have income that vastly exceeds the highest brackets in standard child support tables. In such cases, the court may use its discretion to determine an appropriate amount.
2. Lifestyle Considerations: The child's accustomed lifestyle is a significant factor. Courts aim to ensure that children do not experience a drastic decline in their living standards post-separation.
3. Additional Expenses: For high-income families, child support may also cover expenses beyond the basics, such as private schooling, extracurricular activities, and travel.

Legal Representation Matters

For high-earning parents, securing the best child support lawyer is crucial. A knowledgeable attorney can provide guidance tailored to your specific circumstances, ensuring that the child support arrangements are equitable and reflect the child's needs without unjustly burdening either parent.

Special Considerations in High-Income Cases

●       Trusts and Investments: High earners often have complex financial portfolios. Determining child support may involve understanding trusts, investments, and other assets that do not constitute direct income.

●       Business Ownership: If a parent owns a business, assessing the business's value and the parent's income from the business can be complex but necessary for fair child support calculations.

●       Tax Implications: High-income earners face significant tax considerations. An experienced lawyer can help navigate these complexities to ensure that child support determinations are both fair and tax-efficient.

Custody and Child Support

Child custody arrangements can significantly impact child support obligations. For parents in a custody battle, understanding how shared custody or sole custody arrangements affect child support is vital. High-earning parents should seek the guidance of top child custody lawyers to navigate these waters effectively.

Steps to Protect Your Interests and Your Child's Well-being

1. Document Everything: Keep detailed records of all expenses related to your child's care and lifestyle.
2. Be Proactive: Engage with a reputable attorney early in the process to ensure your rights and obligations are clearly understood.
3. Negotiate Fairly: Consider mediation or collaborative law as a means to reach an agreement that is in the best interest of your child.

Key Takeaways for High Earning Parents

For high-earning parents, addressing child support involves careful consideration of various factors beyond simple income calculations. Engaging the right legal representation, like the best divorce lawyers for comprehensive guidance, is essential. Protecting your financial interests while ensuring your child's needs are met requires a delicate balance, achievable with the right support and information.

This blog was originally posted on https://pa4law.com/high-income-child-support-legal-considerations-and-guidelines-for-high-earning-parents/

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Understanding Property Division in Divorce: Equitable Distribution and Complex Asset Division

Divorce is a challenging and emotional process, and one of the most complex aspects is property division. That is why it is crucial to understand the concept of equitable distribution and how it affects the division of assets.

Equitable Distribution in Pennsylvania

Pennsylvania follows the principle of equitable distribution when distributing assets during a divorce. Equitable distribution does not always mean an equal 50/50 split of assets but rather, a fair and just division based on various factors. These factors include the length of the marriage, each spouse's financial situation and contributions to the marriage, and more.

Understanding this concept is vital because it sets the framework for how your marital assets will be divided. Although some states adhere to community property laws, Pennsylvania takes a more flexible approach to ensure that both spouses receive a fair share of the assets acquired during the marriage.

Complex Asset Division

In many divorces, property division goes beyond the straightforward division of bank accounts and real estate. Complex assets, such as investments, retirement accounts, business interests, and valuable personal property, often require special attention. Dividing these assets can be intricate, and it is essential to work with experienced lawyers in West Chester PA who are well-versed in complex asset division.

When it comes to complex asset division, it is crucial to conduct a thorough valuation of these assets to determine their true worth. This may involve hiring experts such as appraisers, financial analysts, and forensic accountants to ensure an accurate assessment. Your divorce attorney will play a key role in coordinating this process and advocating for your interests.

Protecting Your Rights and Interests

During a divorce, emotions can run high, and it is easy to become overwhelmed by the complexities of property division. This is when you especially need the best divorce lawyers in your area. They can help you navigate the legal process, advocate for your rights, and ensure that your interests are protected.

Your attorney will work closely with you to identify your priorities and goals in the property-division process. Whether it is retaining ownership of the family home, securing your fair share of retirement accounts, and/or safeguarding your business interests, your lawyer will develop a strategy tailored to your specific needs.

Estate Planning Considerations

Divorce can also have a significant impact on your estate planning. It is essential to revisit your estate plan to update Wills, Trusts, and Powers of Attorney to reflect your new circumstances. This is where the expertise of an estate planning attorney comes into play.

An estate planning attorney can help you make informed decisions about how to protect your assets and provide for your loved ones after divorce. They can guide you through the process of revising your estate plan to ensure that your wishes are upheld and your financial future is secure.

You Do Not Need to Go Through it Alone

Property division in divorce is a complex and often emotionally-charged process. Understanding equitable distribution and the intricacies of complex asset division is essential to achieving a fair outcome. If you are facing divorce in Delaware County, Chester County, or Lancaster County, Pennsylvania, do not navigate this challenging journey alone.

Seek the assistance of the best divorce lawyers who can guide you through the legal complexities, protect your rights, and advocate for your interests. Additionally, consult with an estate planning attorney to ensure that your financial future is secure after divorce.

Contact us today to schedule a consultation and take the first step toward a more secure future.

This blog was originally posted on https://pa4law.com/understanding-property-division-in-divorce-equitable-distribution-and-complex-asset-division/

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Enforcing Child Support Orders: Legal Options for Parents Seeking Payment

If you find yourself in the challenging situation of navigating a child custody battle or dealing with the aftermath of a divorce, securing child support is crucial for your child’s well-being. Fortunately, there are legal avenues available to ensure the financial support your child deserves.

Legal Representation

When it comes to enforcing child support orders, having the right legal representation can make a significant difference. Engaging the services of the best child support lawyer ensures that your case is handled with expertise and diligence. These professionals specialize in family law, navigating the intricacies of child support regulations to advocate for your child’s financial well-being.

Additionally, consulting with the best divorce lawyers is a prudent step in addressing the broader legal context. Divorce proceedings can be complex, and having skilled professionals by your side ensures that child support matters are approached comprehensively. These lawyers can assess your specific situation, offering insights into the legal pathways that best serve your child’s interests.

Navigating Custody Issues

In many cases, child support and custody matters are intertwined. Seeking the assistance of top child custody lawyers becomes essential when navigating these intricate issues. These legal experts specialize in advocating for your parental rights, ensuring a fair assessment of custody arrangements. Their expertise is invaluable in achieving a resolution that prioritizes the child’s welfare.

If you are in PA, it is advisable to explore local legal resources. Lawyers in Chester County, PA are well-versed in state-specific regulations, providing tailored advice that aligns with the legal landscape in your area. This local expertise can be a significant advantage in navigating the intricacies of child support enforcement within the jurisdiction.

Legal Processes

Enforcing child support orders involves understanding the legal processes available. Here are some key tools and avenues that parents can explore:

    •    Income Withholding Orders: This legal mechanism directs the support payor’s employer to withhold a portion of his/her income for child support payments, ensuring a consistent and timely flow of financial support.

    •    Contempt of Court Proceedings: When parent consistently fails to meet his/her child support obligation, initiating contempt of court proceedings can compel compliance. This legal action emphasizes the court’s authority and may result in penalties for non-compliance.

    •    License Suspension: In cases of persistent non-payment, the court may opt to suspend the support payor’s professional or driver’s license. This measure is a potent tool for encouraging compliance with child support orders.

    •    Seizing Assets: The court may authorize the seizure of financial assets or property to cover outstanding child support payments. This process ensures that the child’s financial needs are prioritized.

Consult with a Lawyer

Enforcing child support orders demands a strategic and informed approach. Consulting with the best child support lawyer, along with top divorce and child custody lawyers, provides a comprehensive legal strategy. Whether you are facing a custody battle or dealing with the aftermath of divorce, understanding the available legal tools empowers you to secure the financial support your child deserves. In Chester County, PA or surrounding areas, legal professionals versed in family law can guide you through the complexities, ensuring a resolution that prioritizes the well-being of your child.

This blog was originally posted on https://pa4law.com/enforcing-child-support-orders-legal-options-for-parents-seeking-payment/

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What to Expect if Your Divorce Goes to Trial

When many people hear the word “trial” they think of criminal proceedings where a jury decides the fate of the defendant. However, when an agreement can’t be reached between a divorcing couple, they may participate in a trial to settle issues surrounding property division, child custody and support, alimony, and any other matters that need to be addressed. If your divorce is going to trial, it’s critical to have the best divorce lawyers by your side.

Settling Disputes Out of Court

Having a lawyer negotiate a settlement with your spouse is typically a more expedient and affordable way to settle divorce disputes than going to trial. It’s important to keep in mind that going to court can be a lengthy, costly process.  Your divorce attorney and child support lawyer may be able to negotiate a divorce and custody/support settlement agreement without ever going to court.

Steps to Take Before Trial

1. Discovery

Each party must share all evidence with the other side to ensure everyone can prepare for trial without surprises before the court date. Typically, the hearing officer or judge holds a pretrial conference and sets a deadline for discovery to be completed. You must name the witnesses who will testify and will have an opportunity to object to any evidence the other side proposes to submit.

2. Depositions

Generally, a deposition is a fact-finding mission in which the deponent (the person being deposed) answers questions under oath in front of a court reporter before the trial begins. Lawyers may ask a wide range of open-ended questions to discover more facts that may be of use in the trial or in trying to settle the case. Subpoenas may be issued to summon witnesses such as friends, family, acquaintances, and experts to testify in a deposition.  

3. Trial Preparation

It’s important for your attorney to properly prepare you for the deposition and trial. You will not only be prepared as a witness; your lawyer will advise you on how to conduct yourself in and out of the courtroom. Your attorney will ask you questions you might hear from opposing counsel or the hearing officer or judge and may advise you about other details specific to your case. For issues like alimony and child support, there are certain factors that the court must consider. It’s important to be prepared to address each and every one of them. Your attorney may also continue to negotiate with your spouse’s lawyer to try and hash-out issues before trial. 

The Trial

On the first day of the trial, witnesses are sworn in, and the hearing officer or judge will ask the attorneys if they have any preliminary matters to discuss. Once that’s taken care of, opening statements begin. The lawyer for the party who filed for divorce (plaintiff) then calls the first witness to testify. After the plaintiff’s attorney is finished asking questions, the opposing counsel conducts a cross-examination. The plaintiff’s attorney may then ask some more questions on redirect. This process continues until all of the plaintiff’s witnesses have testified, including expert witnesses and the plaintiff.

The other side then calls its witnesses for testimony and cross-examination. Throughout the process, evidence is presented, and the attorneys will most likely raise objections that will be sustained or overruled by the hearing officer or judge. After all witnesses have testified and all evidence is presented, each side presents a closing argument. Once this phase of the trial is over, the hearing officer or judge issues a written ruling and sends it to both attorneys.

The Order

In a divorce trial, the hearing officer will issue a Report and Recommended Order. If either party takes issue with the Recommended Order, that party may file what is called exceptions. The Recommended Order then goes to a judge for a ruling. If neither party objects to the hearing officers, Recommended Order, it is signed by a judge into an actual Order of Court. Once the judge signs a divorce Decree, you are legally divorced. Barring any motions for reconsideration or appeal, the specifics of the orders must be carried out.

Do you need assistance with divorce or another legal issue? Our experienced team of affordable child custody lawyers, divorce attorneys, domestic violence defense lawyers and family estate planning attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-divorce-goes-to-trial/

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Top 5 Tips for Winning Your Divorce Case

Even in the best of circumstances, divorce can be an emotionally and financially taxing process. If you and your spouse have decided to end your marriage, it’s important to find the best divorce lawyers you can to ensure your rights and interests are protected. The following tips can also make the process easier and give you peace of mind.

1. Provide Documentation

Evidence is key in any court proceeding. Gather any documents related to assets, income, debts, life insurance, employment, and retirement accounts, including tax returns. It’s also important to be completely honest – attempting to hide debt, assets or money is always a bad idea. If the court finds out, you will most likely be on the losing end of your final divorce settlement agreement. 

Make sure to provide communications such as voicemails, emails, texts, and social media messages/posts to your lawyer. They can help clarify certain issues surrounding child custody and substantiate claims of mistreatment, and they may be useful evidence for many different matters. Calendars and schedules of kids’ school events and activities can also be useful evidence when negotiating custody arrangements. 

2. Stay in the Marital Home

Unless there are domestic violence issues that put you and your children in danger, it is often best to stick to a regular routine in the home that your kids are familiar with because this provides a sense of normalcy and comfort for them – remember, they’re probably feeling unsure about the future as well. Affordable custody lawyers can advise you on the best course of action to protect your rights and your children’s interests. 

3. Keep Your Emotions in Check

Divorce is a painful process. Seeking therapy and leaning on your legal team for advice can help make it a bit easier. Remaining composed throughout the divorce process can definitely work in your favor. It’s critical to think beyond your divorce and focus on what you want for the future. It’s also important to be civil for the well-being of your children, and engaging with your spouse when things get heated can give rise to issues like false abuse allegations. If you’ve been accused of hurting your spouse or children, make sure to seek the counsel of a domestic violence defense lawyer right away. 

4. Be Careful About What You Say and Do

When you’re in the midst of a contentious divorce, it can be tempting to vent about your spouse to friends and family. This can come back to bite you, as can airing dirty laundry on social media. Always consider anything you post to be public, including photos. Avoid negative talk or posting about your spouse or divorce until after it’s finalized. Another thing to keep in mind is to be careful about the content of photos and social media “check ins.”  For example, someone could take an innocuous picture of you enjoying a glass of wine or at a social media “check-in” at a bar and try to use it as proof that you have a problem with alcohol. 

5. Choose an Experienced Divorce Attorney

Regardless of whether your divorce is amicable or wrought with tension, it’s critical to hire an attorney who has experience handling a wide range of divorce cases. A good child support lawyer can ensure you receive or pay a fair amount of support and a family estate planning attorney can help you update your will as you move into this new phase of life. 

This blog was originally posted on https://pa4law.com/top-5-tips-for-winning-your-divorce-case/

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Common Types of Divorce in PA

 

 

Circumstances surrounding divorce vary widely from couple to couple. Figuring out how to handle property division, child custody, child and spousal support, and alimony can make divorce complex and contentious. If you are considering dissolving your marriage, it is vital to ensure that your interests are protected. There are several different types of divorce in PA. Learning more about them and speaking to one of the best divorce lawyers you can find can help you understand your options and protect your rights.

Filing for Divorce in Pennsylvania

To get divorced in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint is filed in the Court of Common Pleas in the county where you and your spouse reside. Although it is possible to file for divorce on your own, seeking the counsel of an experienced Pennsylvania divorce lawyer can make the process run more smoothly and safeguard your interests, property, and the welfare of your children.

No-Fault Divorce

The most common type of divorce in PA is no-fault divorce by mutual consent. This is a process in which both spouses consent to a divorce, and it can be finalized in as few as 90 days. Even if one spouse does not consent to a no-fault divorce, it can be granted if there is an irretrievable breakdown of the marriage and spouses have lived separately for at least one year before filing for divorce.

In an uncontested divorce, both spouses usually work together to reach a settlement agreement that lays-out specifics about property distribution, child custody, child support, and alimony. Requirements for being granted a no-fault divorce in Pennsylvania include:

- An irretrievable breakdown of the marriage

- Both spouses agree to the divorce

- No unsettled financial issues between the spouses

Even if you and your spouse are on good terms, these types of issues can be tricky. Because Pennsylvania is an equitable distribution state, rather than community property state, assets and debts are not necessarily just split 50/50. Having an attorney by your side to assist you with the process can help to ensure all issues are properly addressed, and a fair agreement is reached.

Divorce on Fault Grounds

In a fault-based divorce, the spouse who files for divorce must show that the other spouse was responsible for wrongdoing that caused the breakdown of the marriage. People often file for fault divorce when one spouse refuses to agree to divorce. Grounds for fault divorce include:

- Adultery

- Abandonment for at least one year

- Cruel and barbarous treatment, including domestic violence

- Bigamy

- Conviction of a crime and incarceration for two or more years

- Indignity or humiliation of the innocent spouse in a manner that makes the marriage intolerable

Institutionalization

If a person’s spouse has been institutionalized for a mental illness for 18 months and there is no plan to discharge them for at least 18 more months, the plaintiff may file for and be granted a divorce.

If you are considering filing for divorce in Pennsylvania, a knowledgeable family law attorney can help you determine which type is best for your specific situation.

This blog was originally posted on https://www.pa4law.com/common-types-of-divorce-in-pa/

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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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Child Custody In Pandemic And Quarantine

New child custody cases are arising across the U.S. as ex-spouses of health care workers, first responders and other essential workers are attempting to remove access to children by the other parent, according to the best divorce lawyers. In these cases, the ex-spouses claim that the other parent, because of his or her occupation, is at higher risk for becoming infected with COVID-19 and then transmitting it to the child or children.

Doctors, nurses and other essential workers are saying they are being punished for going out and helping others in a pandemic. The custody cases are not limited to just these workers, as some parents are attempting to limit who may come and go in an ex-spouse’s household, and whether or not the child can be compelled to travel in a quarantine in order to comply with custody agreements.

These cases are fraught with controversy, and there is no settled case law regarding child custody in a pandemic or quarantine. Child custody lawyers say the issues are being resolved case-by-case, court-by-court in states all over the country.

Let’s review how courts in general view child custody cases. The court attempts to shape a custody agreement that is in the best interests of the child, considering:

1.    What is a safe residence for the child that protects him or her from disease, substance abuse, or other physical or emotional harm?

2.    Do both parents provide this?

3.    How can custody be shared by parents while also protecting the safety and well-being of the child?

Any change to your custody arrangement will be evaluated against these standards. Let’s look at how some courts have already ruled:

In an open letter, the chief justice of the Massachusetts Probate and Family Court confirmed that approved custody agreements should be observed. If one parent is self-quarantining from family members (as a number of health care workers have chosen to do), the other parent should allow time for the child to video conference or talk on the phone with the parent in quarantine.

In a Florida case, a mother objected to sending a young child to stay with the father, who is a firefighter, and his live-in girlfriend, who is an ER nurse. The father demonstrated to the court that he and the girlfriend take extra precautions in showering, changing clothes, handwashing and disinfecting, to avoid spreading the virus in their home. The court allowed the child to continue to visit the father.

A New Jersey court placed an emergency order against a physician who had recently agreed to see non-COVID-19 patients in the office, after a period when she only offered TeleHealth visits. Her ex-husband said this change increased exposure to their two children ages 9 and 11. The court agreed with the father. The physician ultimately decided to go back to TeleHealth visits only, and custody was restored.

Although custody and child support often are separate issues, the sharp rise in unemployment may blur those lines. Another consideration as a provider and protector of the child, attorneys who handle Wills say you should make sure your estate plan is in order.

If you should find yourself on either side of a custody case, there are some steps to take:

•    Review your custody agreement with your attorney.

•    Discuss how you would want to alter it to protect the child’s health.

•   Have a discussion with your ex-spouse and invite attorneys if needed (a video conference is the best idea).

•    If an agreement cannot be reached, confer with your attorney about what the next steps may be.

As these issues are new to everyone, it is important to consult with an experienced family law attorney to revisit how well your current custody arrangement is working in pandemic and quarantine.

This blog was originally posted on https://www.pa4law.com/child-custody-in-pandemic-and-quarantine/

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Fathers: 3 Things You Should Know About Your Child Custody Rights

For many years, fathers who sought physical and legal custody of their child had an uphill battle, as courts favored the mother retaining custody. However, times have changed, and biological fathers are viewed as having the same parental rights as biological mothers.

Courts are compelled to make decisions in the best interest of the child. Generally, it is considered that joint custody between the biological parents is in the best interest of the child, but every child custody case is unique. There are three important areas that can affect your individual child custody case:

1.    How Paternity is Established

If the parents were married at the time the child was born, establishing paternity usually is straightforward. The court will assume the child is the product of the marriage, and the husband is the biological father. If the parents were not married at the time the child was born, you must prove that you are the biological father in order to gain rights to child custody.

The simplest solution is for the mother and you to both sign and file an acknowledgement of paternity with the court including the child’s birth certificate with you as the named father. The best divorce lawyers will tell you the simplest solution is not always possible.

If paternity is disputed, be prepared to undergo DNA testing to prove your biological paternity. If you are an unwed father who has not established biological paternity you will not have legal rights to child custody.

2.    Types of Custody

Overall, there are two types of child custody:

1.    Physical custody. This mainly has to do with where the child lives, and which parent cares for the child.

2.    Legal custody. This gives you the right to make important decisions on behalf of the child, such as medical, educational and/or religious decisions.

Today, in practice, there are several ways that child custody may be arranged:

•    Joint custody is when the child lives a portion of the time with the mother and a portion of the time with the father. This is granted if the court is convinced that both parents are able to care for the child when the child is residing with him/her. The active participation of both parents in the child’s life is now considered to be in the best interest of the child.

•    Sole custody is granted if the court is convinced that only one parent is able to care for the child. The other parent may retain partial custody rights as allowed by the court.

•    Primary physical custody is when the child resides primarily with one parent only, and the other parent has partial physical custody.

•    Bird’s Nest custody is when the child resides full-time in the family home, and the parents take turns living in the home and caring for the child.

3.    Factors Considered by the Court

You may wonder what factors the court may consider when awarding physical custody.  The court may deny any physical custody if you cannot provide a safe home, if there is evidence you have abused the child, if the you abuse drugs or alcohol, or if you have been absent from the child’s life for an appreciable amount of time.

It’s important to reach out to Perna & Abracht LLC for consultation on a child custody case, as well as related issues such as child support.

This blog was originally posted on https://www.pa4law.com/fathers-3-things-you-should-know-about-your-child-custody-rights/

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No Contest Divorce in Pennsylvania: Pros and Cons

Divorce is always a challenge, no matter how much the parties appear to agree on many details of the marital property settlement and child custody. The concept of a No Contest divorce sounds very appealing to those who believe they are ending the marriage amicably. However,  the best divorce lawyers will tell you there are both pros and cons to this type of divorce.

How it works

A No Contest (or uncontested) divorce is a divorce in which both parties agree that they have no issues that need to be settled by a court. Both parties believe they can agree on division of property (real estate, retirement funds, savings accounts, investments and businesses), spousal support and/or alimony (if any), and child support, custody and visitation. Because the parties do not need a court to make decisions for them, it is possible to save money on court costs and legal fees.

The pros of No Contest divorce

We have already mentioned a major benefit of No Contest divorce, which is saving money that both parties would have to spend in a contested divorce. Even if you go before a judge and the judge returns a decision that is favorable to you, it is likely to cost you in court fees and fees paid to your attorney.

Another benefit is the time you will save in completing the divorce. A No Contest divorce usually moves more quickly because it is not tied to a court schedule.

Successfully completing an uncontested divorce may result in a more positive relationship after the divorce. If children are involved, this could be an important benefit as you and your ex learn how to parent differently.

The cons of a No Contest divorce

The first con of a No Contest divorce is that “you don’t know what you don’t know.” Navigating a divorce with little or no guidance from an experienced divorce attorney presents so many challenges, such as:

•    Understanding and complying with the Pennsylvania court system (required even in a No Contest divorce);

•    Knowing what settlement amounts are fair given your needs and circumstances;

•    Knowledge of child custody arrangements and their ramifications, which the best child custody lawyer acquires through experience in these matters.

Second, you will need to agree on everything in a No Contest divorce, and as many people have found out, this is extremely rare in a divorce. As you go down the path of a No Contest divorce, it is highly likely that the parties will disagree on some aspect of financial settlement and/or child custody, as money and children are highly emotional triggers in every relationship.

The third con is that, in an effort to move the No Contest divorce along, you may agree to something that will be detrimental to your household or financial future. You need to bear in mind that you and your spouse have certain rights and obligations under Pennsylvania law, and it is in your interest to have the best child support lawyer guiding you with the full force of his or her knowledge and experience.

If you are considering a No Contest divorce in Pennsylvania, it is important to contact Perna & Abracht LLC so they can draft settlement documents, which are complex legal agreements that will have an impact on you and your children for many years to come.

This blog was originally posted on https://www.pa4law.com/no-contest-divorce-in-pennsylvania-pros-and-cons/

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