Thinking of Hiring a Domestic Violence Lawyer? Here’s Why You Should

Domestic violence can have a devastating impact on families and individuals. Whether you are facing charges of domestic abuse or you’re a victim who is seeking a protection from abuse order (PFA), it’s important to seek the counsel of a seasoned attorney to ensure your rights are protected.

Why You Need a Lawyer if You’re a Victim of Domestic Violence

Leaving an abusive relationship takes a lot of strength, especially if you have to face your abuser in court. Your domestic violence lawyer provides the support you need to stay strong and get through it. Your attorney can also help you understand your rights under the law. Some issues that your attorney can assist you with include:

• Navigating legal issues and processes 

• Filing a PFA

• Gathering evidence of abuse

• Filing for divorce

• Obtaining child custody and support

Good divorce lawyers know how terrifying and stressful it can be when you or someone you love is a victim of domestic abuse. Your attorney acts as your advocate and creates a buffer between you, your abuser, and the court system. This can give you peace of mind and help take some of the weight off your shoulders so you can focus on healing and beginning the next phase of your life.

If You are Accused of Domestic Violence, Hiring a Defense Lawyer is Essential

Being accused of domestic violence can turn your world upside down.  Domestic violence charges come with serious penalties and can destroy your reputation, keep you from being able to see your children, and even affect your ability to earn a living and find housing. If someone has filed a PFA against you or you face domestic abuse charges, don’t wait to hire a criminal defense attorney.

A lawyer will investigate your case, gather evidence, and review from the state’s evidence to build a solid defense on your behalf. If domestic violence charges have impacted access to your kids, a domestic violence attorney can also help protect your rights as a parent.

It’s also important to keep in mind that a conviction for a domestic violence-related crime can result in hefty fines and a significant amount of prison time. Depending on the circumstances, your criminal defense lawyer may be able to negotiate with prosecutors to have charges reduced or dismissed.

Your lawyer can explore all possible defenses for domestic violence charges. The attorney may find proof of false allegations or uncover investigative or procedural errors that impact the validity of the charges brought against you. If your case goes to trial, having an attorney who is well-versed in handling domestic violence cases can increase the chances of a positive outcome for your case.

Do you need assistance with a domestic violence case? Our experienced family law attorneys and defense lawyers provide the exceptional legal representation you can trust.

This blog was originally posted on https://pa4law.com/thinking-of-hiring-a-domestic-violence-lawyer-heres-why-you-should/

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What are the Different Types of Child Custody?

 

If you are facing divorce or are involved in a custody dispute, it is important to understand the basics of child custody in Pennsylvania and how the different types of custody work. Good divorce lawyers are well-versed in all aspects of child custody and can help you understand your rights. Educating yourself about which type of custody you wish to seek can help you make informed decisions that are in the best interest of your child.

What is Custody?

Under Pennsylvania law, custody is the “legal right to keep, control, guard, care for and preserve a child.” Although an informal custody arrangement may be made outside of court, it is always a good idea to obtain a legal order to ensure that it can be enforced if necessary. It is also important to note that regardless of whether you are the mother or father of a child, you have equal rights when it comes to seeking custody of your children.

Types of Child Custody:

There are two basic types of child custody: Physical Custody and Legal Custody.

Physical Custody refers to where the child lives and spends their time. It may be granted to just one parent or to both, and falls into five separate categories:

1. Primary physical custody: This refers to a situation where one parent has physical custody of the child a majority of the time, and the other parent has custody or visitation rights the rest of the time.

2. Partial custody refers to the parent who has the child less than 50% of the time. For instance, if the child only spends time with one parent every other weekend, that parent typically has partial custody. This type of custody may be unsupervised or supervised by an agency, parent, or another adult, depending on the circumstances.

3. Shared physical custody is when both parents have equal (or close to equal) time with their children. For example, a child may live with each parent on alternating weeks or certain consecutive days of the week.

4. Visitation gives a parent the right to visit their child, but does not include the right to remove the child from a custodial parent’s control. Typically, visitation involves small periods of custody, such as just a few hours and may be supervised or unsupervised.

5. Sole physical custody refers to a situation where one parent has physical custody of the children all the time, as when the other parent is unable or unwilling to care for the child. However, parents who do not have any physical custody still may be entitled to legal custody, supervised partial custody or visitation.

Legal Custody gives a parent or guardian the right to make important decisions on behalf of the child, such as decisions regarding education, medical care, and religion. Ideally, when parents share legal custody, they agree on and make these decisions together. If one parent is unable or unwilling to make such decisions, the other parent could be granted sole legal custody. It is possible for a parent to have legal custody but no or very little physical custody.

How Custody is Determined

There are many different factors the court may consider when awarding custody. The main objective is to create an arrangement that is in the best interest of the child. If you are fighting for custody, child support or wish to modify an existing custody order, a family custody attorney can help to ensure your rights are protected and your child’s best interests stay in the forefront.

This blog was originally posted on https://www.pa4law.com/what-are-the-different-types-of-child-custody/

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When And How To Terminate Child Support? Everything You Need To Know

It is not unusual for divorced couples to struggle with obligations such as child support and visitation schedules. It is also tempting to link these obligations in your mind. For instance, if one ex-spouse withholds or alters child custody, the other ex-spouse may retaliate by delaying child support payments – or vice versa. This is a mistake, according to the best child support lawyers, because the court views these obligations separately.

A parent’s obligation to pay child support continues no matter what the relationship between parents or between parent and child. Do not stop paying child support even if the child is not available for your scheduled custodial time, as the consequences for you are often dire.

What should you do if your ex-spouse is not following the court-ordered custody schedule? You may take this matter directly to the court, but it is advisable to first take the matter to your family custody attorney to learn about your options. It is always best to explore all of your options for resolving the matter before taking the court’s time and attention and incurring more legal fees than necessary.

If custody is strained due to changing needs as the child grows up, it may be worth a discussion of the custody schedule with the ex-spouse. Every schedule is based on the individual needs of the child and family, and good divorce lawyers can help you formulate a custody schedule and get agreement to it from the other parent. Different custody schedules include:

●    Alternating weeks of custody;

●    Overnight visits every other weekend;

●    One weeknight visit per week;

●    One- to six-week visits during school breaks and summer;

●    Special holiday and birthday custody schedules; and

●    Any other reasonable schedule that works for the parents and children.

A delay in child support might be due to a parent being laid-off from a job. If there is a legitimate change in circumstances, you may seek a formal modification of child support. This petition can be taken to the court that issued your child support order. Discuss this with your attorney rather than simply stopping the child support payments. The consequences of nonpayment are serious and can include losing your driver’s license or even serving jail time.

Child Emancipation

An older child may request emancipation from a non-custodial parent. The court will consider the age and maturity of the child before granting emancipation. The age of 16 may be considered appropriate, but this will vary by state and by court. The court will ask the child to express his or her reasons for requesting emancipation and may also consider whether the child has had a job or is a good student.

Other reasons for emancipation might include marriage to an older spouse, military service, abandonment of the parental home, and economic independence of the child (the child is an entertainment or sports celebrity for example).

It seems as though emancipation for any reason would end the parent’s child support obligation, but the court must formally relieve the parent of this obligation. Courts are reluctant to terminate child support obligations due to concerns that the state later may need to support the child financially.

Graduation from High School or Becoming an Adult

A parent paying child support is usually not obligated to continue to pay support once the child graduates high school or becomes an adult in the eyes of the state, but the parent should get the support obligation formally terminated by the court rather than just stopping payments.

If you are struggling with terms of custody and/or child support agreements, be sure to sit down with an experienced attorney from Perna & Abracht LLC before you take any further action.

This blog was originally posted on https://www.pa4law.com/when-and-how-to-terminate-child-support-everything-you-need-to-know/

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