Child Custody Modification: What You Should Know Before Agreeing

We live in a society in which people’s living and work arrangements change often, so it is no surprise that court orders regarding custody may need to be modified at some point in a child’s life. However, a change in the child custody arrangement can have long-term effects on the child and on the relationship between the child and parent. Top child custody lawyers will say it is important for parents to understand their child custody rights before agreeing to a change in the custody arrangement.

There are two broad categories of custody, physical and legal. Usually, both biological parents of the child have legal custody, whether he or she has been awarded physical custody. Legal custody means the parent has the right to make important decisions for the child, such as education, health care, and religious upbringing.

Physical custody of a child is where modifications are more likely to be requested. The courts prefer that parents work out the custody arrangements themselves. These might include joint custody, sole or primary custody, or Bird’s Nest custody.

An important point for both parents to remember is that it is always in their best interest to abide by the child custody and child support agreements the court has ordered. This includes a courteous and cooperative attitude toward the other parent. Top-rated divorce attorneys say that open hostility by one parent toward the other may result in a request for modification of the custody arrangement.

What are other reasons to petition the court for a change in the child custody agreement?  Typically, there has been a significant change since the court finalized the order, such as:

1.    One parent doesn’t follow the terms of the existing court order;

2.    Evidence of domestic violence or child abuse;

3.    A parent has relocated to another state;

4.    A parent can no longer provide adequate care for the child;

5.    The child’s needs are different now;

6.    The existing court order is no longer in the child’s best interests.

Child’s Best Interest Standard

Most court decisions regarding child custody are made in the child’s best interests. This standard has evolved over time and is very important for parents to understand.

First, the courts will consider the child’s gender, age, and health. Children with special needs or disabilities receive particular attention to whether the home environment continues to meet those special needs.

If the child is 12 years old or older, the court may consider the child’s preferences in the custody arrangement. It is not a simple matter of the child choosing the living arrangement. The court is obligated to consider other factors, such as:

•    The quality of education in the school district and the safety of the neighborhood;

•    The proximity of after-school activities that are important to the child;

•    The physical and mental health of each parent;

•    The ability of the parent to provide a stable and healthy home environment;

•    Each parent’s work schedule, with particular attention to overnight travel away from the home;

•    Whether other relatives (half-siblings, grandparents) live in the home with the child;

•    Each parent’s effort to encourage a positive relationship between the child and the other parent.

The court is more likely to grant a modification if the parents have already agreed to it. In some states, there is a waiting period, but if the court receives evidence the child is in danger, an immediate modification may be granted.

If you are facing a modification of child custody, it’s important to schedule a consultation now with an experienced family law attorney

This blog was originally posted on https://www.pa4law.com/child-custody-modification-what-you-should-know-before-agreeing/

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For Mothers: What are your Child Custody Rights?

For many years in the past, family courts gave preference to the mother when awarding custody, but this is no longer the case. Mothers have rights in child custody, but today the laws are gender-neutral, which by and large means they are the same as the father’s custody rights.

There are differences in how the courts may perceive parents who were married when the child was born versus unwed parents. If the parents were married, the court assumes the husband is the biological father of the child. The court will determine custody based on the best interest of the child (see below).

If the parents were not wed, the court most often awards custody to the unwed mother. The unwed father may petition for custody, but he first must prove he is the biological father of the child. According to top child custody lawyers, these custody cases can become complex.

Determining Which Parent Receives Custody

Family courts determine custody on the Child’s Best Interests Standard. This standard considers many factors when determining which parent should receive custody of the child, such as:

•    What is the child’s physical and emotional health?

•    How strong is each parent’s relationship with the child?

•    How stable is each parent’s home environment?

•    Has each parent paid child support?

•    Are both the parents equally willing to parent the child?

•    Is there any evidence of abuse or neglect?

•    What are the child’s wishes (if he or she is old enough)?

Physical Custody

It’s helpful for the mother to understand there are two kinds of custody: physical custody and legal custody. Physical custody means that is where the child resides, and that parent is the primary caretaker of the child. This parent has the authority to make all the daily parenting decisions for the child, such as:

•    Who may see the child and for how long

•    Where the child lives and goes to school

•    Medical decisions (as long as they are in the child’s interest)

•    Receiving food assistance or other benefits on behalf of the child

•    Decisions about extracurricular activities, travel, and so on

Sometimes a court grants joint physical custody, and the parents will trade the parenting responsibility when the child is in their physical care. Decisions regarding child support will be based on physical custody arrangements and the income of each parent.

Legal Custody

Legal custody is a parent’s right to make important decisions, like where and how the child will be educated, healthcare decisions, religious practice, and so forth. Typically, both biological parents share legal custody regardless of who has physical custody.

Custody in Case of Same-Sex Marriages

In the case of same-sex marriages when there are two mothers, the law is not as settled as it is in heterosexual marriages. One mother may be the biological mother, and her rights may supersede those of the other mother, even if the biological mother was not the child’s primary caretaker.  If the other mother has adopted the child, this may clarify the case somewhat.

Custody in Case of Adoptive Parents

Adoptive parents (whether heterosexual or homosexual) have legal rights similar to biological parents. If a couple has adopted a child in the course of their marriage, both adoptive parents are afforded the rights of biological parents. The court then makes a determination based on the best interest of the child.

Do you have more questions about the child custody rights of mothers? It’s time to contact an experienced family law attorney to discuss your concerns.

This blog was originally posted on https://www.pa4law.com/for-mothers-what-are-your-child-custody-rights/

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Things You Should do Before You File for Child Custody

Divorce is stressful and emotional for everyone who goes through it, but child custody disputes can take the high stress and negative emotion to a whole new level. There are actions you can and should take before filing for child custody that will enable you to cope better, and assist even the best child custody lawyer to achieve the outcome you desire.

Immediately hire a child custody lawyer

Every child custody case is a mountain of paperwork, court dates, and visitation schedules. The stakes are very high if you miss anything at all, and it is easy for this to happen. Hire a family law attorney before even sticking your toe into these muddy legal waters. Not only does your attorney argue on your behalf in court, but he or she will also organize all the details so nothing is missed.

Keep a custody journal

When you go before a judge, you will need clear and reliable records to back up any assertions about the other parent. Make sure you date every entry; also, write notes about every encounter with the other parent. This is doubly important if you believe he or she has done something that you think is unhealthy for or harmful to the child. Take photos and write down the names of any possible witnesses. Use the journal to record your activities with the child, and your efforts to cooperate with the other parent.

Cooperate with the other parent

Keep an open and courteous dialogue with your ex, even if you are unhappy with the overall situation. Appearing to be unreasonable can work against you in court. If communicating with the other parent is too challenging, ask your divorce lawyer to handle communication or give you advice about how to manage the situation.

Enable visitation for the other parent

Even though you believe you can provide a better environment for the child, do not withhold visitation from the other parent. The court will look more favorably on your case if you cannot be portrayed as spiteful or uncooperative by your spouse’s attorney. Of course, if you suspect an imminent threat to the safety of the child, consult with your attorney about the next best steps.

Be careful in front of the children

Always respect that the children will be very upset if you place them “in the middle” by openly criticizing your ex-spouse or partner. Take the high road, stay calm, and protect the children from negative comments. This is truly the best for the children, and the court will be looking for evidence that you do put their welfare ahead of your own emotional state.

Curtail social media interaction

It is a mistake to use social media to belittle your ex or complain about the custody arrangement you would like to change. Social media is a public space and anything you post there may find its way to the courtroom. Along with refraining from criticism of the other parent, make sure social media does not show you behaving irresponsibly by being drunk or using illegal drugs. Your child support lawyer will tell you that even posting something positive like a new car or dining out can be used against you. You may post wholesome family activities on social media, but in general, it is safest to stay off social media as much as possible.

Are you planning to file for child custody? Call an experienced attorney at Perna & Abracht, LLC. 

This blog was originally posted on https://www.pa4law.com/things-you-should-do-before-you-file-for-child-custody/

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Child Custody Rights for Grandparents: What to Expect

Although it is often assumed that a child custody dispute is between parents, this is not always true. Grandparents may have very close relationships with grandchildren and may seek visitation rights or even custody of a child. Good child custody lawyers will tell you that this is a change in family law, as state laws granting rights to grandparents didn’t occur prior to the 1960s or 1970s.

Grandparents’ rights to visitation and child custody differ from state to state. In Pennsylvania, a family court may give visitation to a grandparent if:

•    One or both parents of the child has died, or

•    The parents have been divorced or separated for more than six months, or

•    The child has resided with the grandparent for more than a year.

When a Pennsylvania family court considers grandparent visitation, it is obligated to consider whether the visits are in the best interest of the child and whether the visits would undermine the parent-child relationship. In adoption, the grandparents’ visitation rights are ended, unless the adoption is to a stepparent or the grandparent.

Visitation Rights of Grandparents

The underlying concept of grandparents’ visitation rights is that the contact between grandparents and grandchildren is good for the children. As long as the parents agree with this, visitation can be arranged informally and no court decision is needed. If a parent objects and does not have a reason considered valid (see below), states have laws that protect the rights of grandparents, and may even extend to other family members (called “third party” or “nonparent” rights).

Federal law requires courts in each state to recognize nonparental visitation orders from family courts in other states. There is one US Supreme Court ruling that asserts the Washington state nonparental visitation portion of the state statute violates parents’ rights to raise their kids.

Family courts are obligated to ask the following questions when determining visitation rights for grandparents:

•    What is the relationship between the child and the grandparent?

•    What is the relationship between the parents and the grandparents?

•    How recently have the child and the grandparent been in contact?

•    How might the visitation affect the relationship between the child and his or her parents? The American Bar Association recently reasserted the rights of children and parents to have family unity.

•    Will grandparent visits negatively impact the child’s time spent with his or her parents?

•    Is there any evidence or history of grandparent abuse or neglect of the child?

Custody Rights of Grandparents

Granting custody to grandparents is less common than visitation, and the laws which govern granting custody to grandparents tend to be less specific. In a few states, the law considers grandparents as custodians if both parents have died. 

How would grandparents gain custody if a parent is alive and objects to the grandparents’ custody? The grandparents must prove to a family court that the parent is unfit and the child or children would have a better life with them. Good child support lawyers will tell you this cannot be a simple matter of economics (i.e., the grandparent is wealthy and the parent is not), but more of a safety concern for the child such as parental abuse of alcohol or drugs, or parental abuse or neglect of the child.

You may learn more about grandparents’ rights to visitation and custody by sitting down with an experienced family law attorney.

This blog was originally posted on https://www.pa4law.com/child-custody-rights-for-grandparents-what-to-expect/

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5 Things You Must Do to Prepare for a Contested Divorce

Divorce is never easy to go through, but when you know it will be contested, you should take particular actions to protect yourself and to help your divorce lawyer. If prepared in the following way, you will have made an important contribution to a favorable outcome.

1.    Collect your financial documents

Even before your first divorce attorney consultation, collect three years’ worth of tax returns and a recent pay stub for you and your spouse. If you do not have these records on file, you can obtain copies of tax returns by filling out this IRS form: https://www.irs.gov/pub/irs-pdf/f4506t.pdf. The Social Security Administration can show you your income history: https://www.socialsecurity.gov/mystatement/. This information will be considered when determining support obligations.

2.    Learn about your assets

In a number of marriages, one partner takes the lead on financial matters, and this likely includes knowing about all the jointly-owned assets. If you are this partner, then you will have an easier time putting together the information your divorce attorney will need to protect your interests, such as:

•    Bank accounts and current balances

•    Mortgage payment amount and current balance

•    Investments, retirement accounts, and life insurance policies

•    Deeds and titles to any paid-off property

If you have not been handling these matters, it is time to educate yourself. Find out where this information is stored, then begin to copy statements going back 12 months if you can find them. You may have to play detective in the home office or wherever the records may be.

3.    Collect information about all the debt

You may have to do some sleuthing to find the records that pertain to marital debt. Look for and copy:

•    Loan amounts, including auto and personal debt, and current balances

•    Credit card statements and current balances

Obtain your personal credit report and share it with your attorney. This does not reveal your spouse’s credit history or any debt that exists only in the spouse’s name, but it does give your attorney a snapshot of what may come to light in a contested divorce.

4.    Stay organized

It’s best to keep copies for yourself of all the documents pertaining to income, assets, and debt. Also, make a list of jobs held and degrees attained during the marriage, and in what years they occurred. Place all of this in a binder or folder that you keep in a safe, private place. If your attorney has a question, you can find the answers quickly. 

5.    Create a custody journal

If the divorce is contested, it’s likely that custody of minor children will be dragged into it. These are very emotional discussions, so you need to have facts to share with your child custody attorney. Write down the parenting tasks and activities you are handling and those your spouse is handling. Record if your spouse is prompt when picking up or dropping off children. Make notes of any concerns you have about the safety of your children or situations they may be exposed to. Always place dates on your journal entries.

Protect your interests by involving an experienced Perna & Abracht LLC divorce attorney as early as possible in the divorce process.

This blog was originally posted on https://www.pa4law.com/5-things-you-must-do-to-prepare-for-a-contested-divorce/

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Getting Compensation for Premises Liability in Slip & Fall Accidents

Sometimes in movies and TV shows, actors are shown to fake a slip and fall accident in order to collect monetary damages from a business owner. In truth, it is difficult to fake an accident like this because both sides will investigate the claim, and true negligence is more challenging to prove than you might think.

If you have been legitimately injured on another person’s property, your personal injury attorney will still have to establish that the owner of the property is liable for an unsafe situation that caused your injuries. If your attorney has evidence to prove this, he or she may be able to reach a settlement with the property owner’s insurance company. If a settlement is not reached, your case may go to trial and a judge or jury will make the final determination.

What if the owner of the business was nowhere near the premises when you were injured, but an employee or agent of the property owner was present? Then this person’s actions (or lack of preventive action) could make the owner liable for your injuries.

The best accident attorneys will investigate these questions:

1.    Who are all the parties who may be liable for your injuries?

2.    Did actions by these parties cause your injuries?

3.    Did actions the parties failed to take cause your injuries?

Your attorney will need to be prepared to counter a defense that asserts your actions or carelessness caused the injuries.

Understanding liability and negligence

Suppose you were injured when you stumbled due to an uneven walking surface when attempting to enter a business. The property owner could be held liable for the injuries if a reasonable person would have realized this was an unsafe condition, and the property owner had enough time to fix the unsafe condition

If both of these conditions are met, the property owner could be considered to be negligent, and thus liable for monetary damages to the injured person. It seems simple, but it is not always so straightforward. Suppose also that the uneven surface was not easy to recognize, or perhaps the condition causing the uneven surface happened just last night. These questions will arise when determining liability.

Another issue that will be raised is whether you caused the injury through your own behavior. If the property owner or employee posted a warning sign saying the surface was uneven, and you ignored the sign and walked on the surface anyway, you may be accused of causing your own injuries.

According to the American Bar Association, states have varying rules that say how long you can wait to file your personal injury claim. For instance, Pennsylvania has a two-year “statute of limitations.”

If you have been injured in a slip and fall accident, you should:

•    Take photos of the area where you were injured, showing the hazards that caused your injuries

•    Do not describe your injuries to an insurance representative or the property owner until after you have been examined by a doctor

As quickly as you can after the accident, contact experienced PI attorneys like those at Perna & Abracht LLC, who will advise you about the next steps to take in obtaining compensation for your injuries.

This blog was originally posted on https://www.pa4law.com/getting-compensation-for-premises-liability-in-slip-fall-accidents/

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5 Steps You Should Take if You Are Injured in a Motorcycle Accident

Emotions run high after any motor vehicle accident, and these emotions are not your friend. If you are injured in a motorcycle accident, it is important to remain as calm as possible and act logically to call for help, document what happened, and gather information from the other parties involved in the accident. Be sure to stay focused on these tasks and do not make any comments or have conversations that could be interpreted as admissions of fault. Following are five steps to take to assist your personal injury attorney in achieving a successful outcome for your claim of personal injury.

1.    Check for injuries. It may be apparent that you are injured, or perhaps not, as you may be stunned and overcome with emotion. Carefully check yourself for the type and severity of injuries, and then check to see if others have been injured in the accident.

2.    Documentation. Everyone carries a mobile phone these days, and if yours is handy (and you are able), it is a good idea to take photos immediately (before any vehicles are moved).  The best car accident lawyers would suggest taking photos of the vehicles involved and the surroundings. Remember that the aftermath of an accident can be dangerous, so do not risk further injury to yourself or to others in an attempt to take the photos.

3.    Make the scene as safe as you can until help arrives. This would include moving your motorcycle off the road when it is safe for you to do this. Drivers of oncoming vehicles do not know there has been an accident, and having vehicles and debris on the roadway could cause more accidents and injuries. According to the American Bar Association, this could be considered negligence and you could be held responsible.

4.    Call 911 right away. Making the 911 call is not considered to be an admission of fault or guilt. If you have called 911, a police officer will arrive and collect information for a police report. This is likely to be an important document in your personal injury claim. Speak with the police officer, get his or her name and badge number, and find out where the police report can be obtained. Report the injuries you have observed or that have been reported to you. Also gather information about the other driver(s), passengers and witnesses, ideally including:

•    Names, phone numbers and email addresses

•    Make and model of involved vehicles, their license plate numbers and vehicle identification (VIN) numbers

•    Names and contact information for insurance companies

5.    Inform your insurance agent. This should happen as soon as possible after the accident. Be prepared to share the documentation and information that you gathered. The best accident attorneys will advise you to avoid describing your injuries or the damages to your motorcycle at this time. Tell the insurance agent you will report your injuries after being examined by a doctor, and damages to your motorcycle after a mechanic has looked at it. The extent of injuries and damages often are not immediately apparent.

What are the reasons you may need an attorney after you have been injured in a motorcycle accident? Maybe your injuries are severe and/or will have long-lasting effects on your health and your ability to work. Perhaps you were not at fault and the other involved parties claim it was your fault. Your insurance company might deny your claim. All of these are reasons to contact the experienced personal injury attorneys at Perna & Abracht, LLC who will assist you in achieving the best possible outcome.

This blog was originally posted on https://www.pa4law.com/5-steps-you-should-take-if-you-are-injured-in-a-motorcycle-accident/

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