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Pennsylvania Family Law Blog

Child Custody for Grandparents in Pennsylvania

In Pennsylvania, the Grandparent Visitation Act expanded the rights of grandparents to seek custody in certain circumstances. There are two types of custody that can be sought, legal custody and physical custody. Grandparents can seek one or both, based on

Children and Custody Litigation

Many parties in custody disputes ask me whether their children will have to testify and whether the court will consider their child’s c opinions and thoughts. Parents are understandably concerned about whether their child will be asked to choose sides

Divorce Diet: Tips for Healthy Eating and Managing Stress

When you’re navigating a stressful divorce, maintaining a nutritional diet can feel impossible. While eating may feel unimportant during times of emotional turmoil, it’s crucial to adopt healthy eating habits to ensure your mental and emotional wellness throughout the divorce

Home Repairs During Divorce: Who Pays For It?

Managing home repairs during divorce is complex, with issues of responsibilities and liabilities adding to the ongoing emotional strain. When a house needs fixing amidst a separation, such as a roof replacement, the question of financial responsibility can become a

50/50 Custody Requirements in Pennsylvania

Understanding the requirements and implications of a 50/50 custody arrangement is crucial to avoiding potential child custody disputes in Pennsylvania. Due to the complex laws surrounding child custody, seasoned legal representation is essential. The Philadelphia child custody attorneys at Schwartz,

What to Include in a Child Custody Agreement

Drafting a comprehensive child custody agreement is crucial for ensuring the well-being of your children. A well written agreement can also help you and the other parent avoid future child custody disputes. Due to the numerous legal and factual issues

How to Fight False Allegations in Child Custody in PA

Due to the emotionally charged nature of child custody cases, people sometimes cross legal and moral boundaries by making false allegations of abuse. This can make a difficult process even more painful. If you have been falsely accused of child

Child Custody When Parents Live in Different States: A Guide

Child custody disputes are often stressful and emotionally challenging. Navigating a child custody dispute when one or both parents live in different states comes with unique challenges. For over 30 years, the Philadelphia child custody attorneys at Schwartz, Fox &

What Proof Do You Need for a PFA Order: Trusted Advice

If you are seeking a Protection from Abuse (PFA) order, Pennsylvania Law (§6102(a)) requires you to provide proof you are suffering physical or sexual abuse or receiving verbal threats, which places you or your minor children in reasonable fear of

12 Reasons a Judge Will Change Custody in Pennsylvania

Child custody is often a contentious and difficult issue, and modifying child custody can become even more contentious as parents clash over the issues. As the facts of each case are unique, there are several reasons a judge will change

How Long Does a Temporary Custody Order Last in PA?

Have you and your significant other recently ended your relationship? Are you seeking temporary or permanent custody of your children? Understanding the duration of a temporary custody order in Pennsylvania is crucial for successfully navigating the child custody process. In

How to Defend a PFA in Pennsylvania: Protect Your Reputation

Being served with a Protection From Abuse (PFA) order is a terrifying experience. The prospect of being separated from your family and having your reputation ruined can be even more frightening. Successfully defending yourself from a PFA order requires representation

How to Win a Child Support Modification Case in Pennsylvania

In addition to being an emotionally difficult subject, the laws surrounding child support are complex. Successfully navigating a child support modification case in Pennsylvania requires careful strategy, and representation by an experienced Pennsylvania child support attorney is essential. The Pennsylvania

What is Child Support Supposed to Cover in Pennsylvania?

The laws surrounding child support in Pennsylvania are complex and confusing. While there are many misconceptions regarding child support, it is intended to provide financial support to the child instead of the other parent. If you have questions regarding what

10 Reasons for Emergency Custody in Pennsylvania

Certain situations demand swift and decisive action when it comes to a child’s well-being. Emergency custody is generally pursued in Pennsylvania via a petition for special relief. If you are considering seeking emergency custody, Pennsylvania law requires you to prove

Tips for Helping You Win Your PFA Hearing

Going through a Protection From Abuse order (PFA) hearing can be a challenging and painful experience. However, with the right strategies and preparation, you can increase your chances of success. Additionally, representation by an experienced Philadelphia family law attorney can

When Can I File Parental Kidnapping Charges in Pennsylvania?

Is your former partner or spouse continually violating a child custody agreement or order? Understanding when you can file parental kidnapping charges in Pennsylvania is crucial. With over 40 years of experience, the dedicated child custody attorneys at Schwartz, Fox

What is Retroactive Child Support in Pennsylvania?

Retroactive child support in Pennsylvania refers to the financial support a non-custodial parent may be required to pay for the period before the entry of a formal child support order. Understanding the law surrounding retroactive child support is crucial for

What to Do if the Other Parent Withholds Your Child

Is your ex-spouse or former partner withholding your child or interfering with your custody rights? Dealing with a situation where the other parent prevents you from seeing your child can be emotionally challenging and legally complex. In this situation, only

Know The Facts: When Does Child Support End in PA?

The laws regarding the termination of child support in Pennsylvania are complex and sometimes confusing. If you want to know when your obligations for paying child support end in PA, you need the services of an experienced Pennsylvania family law

A Guide to the Differences in Spousal Support vs Alimony

Alimony and spousal support are often fiercely contested issues in a Pennsylvania divorce. Navigating the intricacies of spousal support and alimony can be difficult which is why representation by an experienced Philadelphia divorce lawyer is essential. The family law attorneys

Divorce in the Military: What Service Members Should Know

A divorce in Pennsylvania can be a challenging process. For military families, unique considerations must be carefully addressed. Whether it’s navigating the complexities of retirement pay, resolving child custody issues, or handling health coverage matters, working with a Philadelphia divorce

A Guide to How Marriage Annulment Works in Pennsylvania

Ending a marriage is a challenging process. Depending on the facts of your case, you may be able to obtain an annulment. Due to the complex laws surrounding annulments in the state of Pennsylvania, representation by an experienced lawyer is

Reasons Why Your Divorce is Taking So Long 

While uncontested divorces are ideal, the process can still be challenging and stressful—especially when it takes longer than expected. Various factors can contribute to delays, but working with an experienced Philadelphia divorce lawyer can help mitigate these issues and keep

How Long Getting Emergency Custody Can Take in Pennsylvania

Obtaining emergency custody orders in Pennsylvania can be a time-sensitive and stressful process as it involves a child’s health, welfare, and safety. Emergency custody, by design, happens comparatively quickly but still must follow a specific process to prevent parents from

How Getting Remarried Affects Child Support in Pennsylvania

In Pennsylvania, getting remarried may impact your child support obligations if your individual financial situation changes due to the new marriage. This is because when a person remarries, their financial situation may change, which can affect the amount of child

How Long Does a Custody Battle Typically Take?

Unfortunately, the answer is “it depends.” Due to the legally complex and emotionally charged nature of a custody case, representation by an experienced Philadelphia child custody attorney is essential. At Schwartz, Fox, and Saltzman, LLC, our family law attorneys have

A Guide to Changing Custody After Divorce in Pennsylvania

Ideally, divorce means you can end a painful chapter of your life. However, when former spouses have children, disputes regarding child custody arise as their lives and circumstances change. Representation by an experienced Philadelphia child custody lawyer is essential if

Can You Get a Protection From Abuse Order for Verbal Abuse?

In short, yes, you can obtain a Protection From Abuse Order (“PFA”) based on verbal abuse in Pennsylvania. Verbal abuse can be a form of domestic violence and can seriously impact an individual’s mental and emotional well-being. The experienced Philadelphia

Can a Guardian Ad Litem Recommend Sole Custody in PA?

Are you litigating a child custody matter in Pennsylvania in which a Guardian Ad Litem (GAL) has been appointed? A GAL’s recommendations can have a significant impact on custody issues. As a Guardian Ad Litem can recommend sole custody in

What Happens If I Can’t Pay Alimony: Legal Proceedings

Following a divorce, a common question people ask is, “What happens If I can’t pay alimony?” If you cannot make court ordered alimony payments, there can be severe legal and financial consequences. A Philadelphia lawyer who is experienced in family

Can My Ex Dictate Who Can Be Around Our Child?

As a parent, it is natural to be concerned regarding the people who come into contact with your child. However, when it comes to your ex-partner, neither of you can dictate who gets to be around your child. Instead, a

A Guide to Domestic Partnerships in Pennsylvania

If you are an unmarried couple living in Pennsylvania, you may be wondering what legal options are available to protect your rights and assets. Entering into a Pennsylvania domestic partnership can offer you some of the same rights and legal

How is an LLC Treated in a Divorce in Pennsylvania?

Property division is often a complex and intensely contested issue during a divorce in Pennsylvania. Depending on the facts of your case, your limited liability company (LLC) may be treated as marital property under Pennsylvania law (§3501(a)). To protect your

What Qualifies a Spouse for Alimony in Pennsylvania?

When a marriage ends in divorce, it is common for one spouse to seek spousal support and alimony which means one spouse must pay alimony to the other spouse during and after the divorce. Due to the adversarial nature of

Do I Need a Divorce Lawyer if We Agree on Everything?

It is recommended you retain a divorce lawyer even if you and your spouse seemingly agree on everything. The intricacies of navigating a divorce may lead to you agreeing to an unfair settlement or mistakes during the filing process. Additionally,

Spousal Support in PA: Insights & Calculations

Seeking a divorce does not mean you have to impoverish yourself to escape an unhappy marriage. Pennsylvania law provides lower-earning spouses several tools to protect themselves financially before, during, and after a divorce. One of these tools is establishing spousal

A Guide on What Can Be Used Against You in a Divorce

Divorcing your spouse is an emotionally painful and stressful process. Divorces often require invoking the formal litigation process which is an inherently confrontational process. As such, it is important to understand what can be used against you in a divorce,

How Much Does a Divorce Cost in PA: Factors To Consider

The typical cost of a divorce in Pennsylvania depends on a number of factors. Naturally, people seeking divorce desire a level of legal and financial certainty during this difficult process. While it’s not possible to predict the precise cost of

Divorce Consultation Checklist to Prepare You from the Start

Consulting a divorce lawyer in Philadelphia is the beginning of a difficult and potentially lengthy legal process. You can prepare for your consultation by: This article breaks down a divorce checklist to prepare ahead of your consultation with your family

A Guide to Equitable Distribution in Pennsylvania

Property division can be a heavily contested issue during a divorce. Pennsylvania is an equitable distribution state; this mean the state uses an equitable approach when dividing marital property and debts. The equitable distribution process does not necessarily mean each

A Guide to Marital Settlement Agreements in Pennsylvania

If you and your spouse have decided to divorce, a marital settlement agreement may be required to divide your assets and debts. Specifically, a marital settlement agreement in PA acts as the “roadmap” to resolve some or all of the issues

Can You Get a Divorce Without the Other Person Signing?

Yes, you can obtain a divorce without your spouse’s signature.  There are many reasons why spouses refuse to sign.  Sometimes the other spouse cannot be located or they do not want the marriage to end. Regardless of your situation, talking

Collaborative Divorce vs Mediation: Which is Better?

You and your spouse want to work together to resolve the issues arising from your divorce, such as child custody, child support, alimony, and the distribution of marital property, and you’ve heard of the various alternative dispute resolution methods such

Divorce Mediation Cost & What Affects Price

You’ve heard divorce mediation is much less expensive than a litigated divorce, and that is correct – but there are so many more benefits to the divorce mediation process over litigation. If you and your spouse are willing to negotiate

When Is Divorce Mediation Not Recommended?

Divorce is painful and in many cases can be made less so if you and your spouse agree to mediate the issues arising from your divorce, and perhaps file an uncontested divorce. But when is divorce mediation not appropriate? The

What Not to Do in Divorce Mediation: Advice From Lawyers

16 Things Not to Do During Divorce Mediation Are you divorcing and considering trying divorce mediation? This informative article by the divorce mediation lawyers at SFS Attorneys gives you the top sixteen behaviors to avoid during mediation to get the

How to Emotionally Prepare for Divorce Mediation

Couples use divorce mediation to help them agree on issues such as child custody, child support, spousal support, and property distribution. You and your spouse are considering entering into divorce mediation as an alternative to litigation because you want to

How to Do Divorce Mediation with a Narcissist

Divorce is difficult on families even in the best of circumstances, but when one party has narcissistic personality disorder, reaching an agreement on issues such as child custody, child support, spousal support, and property distribution can be very difficult. However,

How Long Does Divorce Mediation Take: Time Expectations

Once you’ve decided to divorce, you want it over quickly. You’ve heard divorce mediation is quicker and less expensive than divorce litigation, but how much quicker? How much less expensive?   The Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman

Can You Get a Divorce with Just a Mediator in PA?

The short answer is yes, you can get a divorce with just mediation in Pennsylvania. In this article, the Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman explain what divorce mediation is, how to complete the divorce process using

15 Questions to Ask a Divorce Mediator: Common Concerns

15 Questions to Ask a Divorce Mediator Considering divorce mediation? Divorce mediation is a popular form of alternative dispute resolution that allows couples to craft their own support, custody, and property distribution arrangements and avoid going to court. Here are

Dividing Business Assets in a Divorce: What You Need to Know

When you’re facing divorce as a business owner, your company—your livelihood—can suddenly feel like it’s on the line. Who gets what? Will your spouse walk away with part of your business? Will you lose control over something you built from

How To Have an Amicable Divorce: Peaceful Resolutions

Divorce doesn’t have to mean conflict. If you and your spouse want a respectful, efficient, and low-stress separation, an amicable divorce, also known as a mutual consent or uncontested divorce, may be your best option. This guide outlines exactly how

Philadelphia Getting Firearms from Few Accused Abusers

From The Philadelphia Inquirer, February 1, 2022: Domestic violence homicides were up 240% last year. Why is Philly getting guns from so few accused abusers? Gun violence has made too many of our fellow Philadelphians live in fear of leaving

Your Pennsylvania Divorce Mediation Checklist

The idea of compromising with someone you are divorcing may seem far-fetched at first. What makes compromise possible even under the most difficult emotional circumstances is the presence and guidance of a trained divorce mediator. A thorough divorce mediation checklist

Common Law Marriage in Pennsylvania: Understanding New Laws

Beginning January 2005, claims of common law marriage for all relationships which began after that date, became illegal and unenforceable. Relationships prior to that date were “grandfathered in” and remained a claim that could be made. With that being said,

Automatic Divorce After Long Separation in PA

Does a Long Separation Lead to an Automatic Divorce in Pennsylvania? If you have ever heard the saying, “if it’s too good to be true, then it probably is?” That is the spot on answer to anything being “automatic” as

Is PA a Community Property State?

When you are divorcing in Pennsylvania, how your property gets divided is likely one of your top concerns. You may have heard term “community property” mentioned in reference to divorce, but Pennsylvania is not a community property state. Instead, we

Child Support If the Other Parent is In Jail

Filing for Child Support If the Other Parent is in Jail The Pennsylvania Department of Corrections reports that greater than 81,000 children in PA have a parent in jail. Regardless of whether you are the parent receiving the support or

How a Criminal Record Affects Child Custody in Pennsylvania

How a Criminal Record Affects Your Child Custody Case in Pennsylvania In Pennsylvania, a criminal record can contain arrests, information collected by criminal justice agencies, and more.While most information in a criminal record is not an automatic bar to child

How Does Adultery Affect Child Custody in Pennsylvania?

While adultery can be relevant in some aspects of a divorce case in Pennsylvania, it usually does not affect child support obligations nor child custody in most instances.  This article by the family law attorneys at Schwartz, Fox, & Saltzman

15 Child Custody Mistakes to Avoid: Preserve Parental Bonds

Pursuing child custody is a stressful and very emotion-packed process. Always remember that the Court focuses on what it believes, based on the evidence presented, is in the child’s best interest. This article by our child custody attorneys in Philadelphia

How Depression Could Affect Your Child Custody Case in PA

How Depression Could Affect Your Child Custody Case in Pennsylvania  When going through a divorce and child custody, there is an extreme amount of stress, significant change and uncertainty and it is normal to be emotional, scared, and sad. However,

Child Custody for Stay-at-Home Moms in Pennsylvania

Stay-at-home parenting is a viable option in today’s world. There are certainly economic issues to be addressed, but an at-home parent can obtain custodial rights. In the event of divorce or separation, stay-at-home moms have the same legal rights as any other

Special Needs Child Support: What You Need to Know

Special Needs Child Support in Pennsylvania  In Pennsylvania, disabled children with special needs receive additional financial support because the mathematical formulas used for calculating child support do not independently take into account those additional expenses that the child needs. Evidence

Child Custody When an Unmarried Couple Split Up

What Happens When an Unmarried Couple With a Child Separate in Pennsylvania? When an unmarried couple with a child separates in Pennsylvania, both parents have rights and responsibilities related to the child. How to Prepare for Separating as Unmarried Parents

What is Shared Legal Custody in PA: Defend Your Rights

This guide from noted PA child custody lawyer Lee A. Schwartz, Esq. outlines what shared legal custody is in Pennsylvania & how it compares with other types of custody. The PA child custody lawyers at Schwartz, Fox & Saltzman, LLC

Planning a Child Support Holiday Schedule

Child Support Holiday Schedules in Pennsylvania When a family unit dissolves during a divorce, “family holidays” and traditions are also affected. It is within everyone’s interest to minimize the effect on the children, encourage the parental/child bond, and build new

International Divorce: Multi-National Litigation Lawyers

Our law firm has handled divorce, property division, spousal support, alimony pendente lite and child support matters, when people live overseas, but have Philadelphia area family law cases in court. We have experience representing people living in North America, South

Do I Have to Pay Child Support if I Have 50/50 Custody in PA

In Pennsylvania, having shared or 50/50 custody does not negate child support obligations. Typically, the higher-earning parent must still pay child support to the lesser-earning parent, and the support amount considers the net income of both parents and the how

The Types of Custody Orders in Pennsylvania

Child custody in Pennsylvania vary greatly depending upon families’ needs, desires, resources, and parental fitness. Ultimately, a court decides who gets custody based upon the best interests of the child. This article outlines and explains the types of child custody

How Long Does a Divorce Take in PA: Timeline Expectations

Learn how long a divorce can take in Pennsylvania and what factors and issues can prolong divorce proceedings from the Philadelphia divorce lawyers at Schwartz, Fox & Saltzman, LLC. A divorce in Pennsylvania can be completed in as little as

Marital Separation Agreement vs Divorce Decree in PA

What is the difference between a separation agreement and a divorce decree in Pennsylvania? They are quite different in the eyes of the law. Learn the differences between a marital separation agreement vs a divorce decree from the Philadelphia divorce

How to File for Child Custody in Pennsylvania

Filing for child custody or child custody modification is a procedurally and factually complex process. Additionally, each county court in Pennsylvania has their unique requirements and nuances. The PA child custody lawyers at Schwartz, Fox and Saltzman, LLC have over

Obtaining Sole Custody in PA: A Guide for Parents

How to Get Full Custody in PA Wondering how to file for sole custody of your child in PA? The child custody lawyers at Schwartz, Fox & Saltzman, LLC explain how and why sole custody is awarded to the custodial

16 Child Custody Factors in Pennsylvania Guide for Parents

In Pennsylvania, divorcing parents often share joint legal and physical custody of their children. In many cases, parents can agree on the child custody arrangement. In others, a judge must decide what child custody arrangement is in the best interests

Vacations and Custody: Legal Regulations for Parents

So, you want to take your kiddos on vacation and you are separated or divorced from their other parent, there are some things you need to consider about vacations:

1. Do you have a Custody Order through the Court, with the other parent?
2. If you do have a Custody Order through the Court, is there language in the Order that speaks to vacationing?
3. If you have a Custody Order and there is no vacation language, or if you don’t have an Order at all, what should you do to make this vacation as peaceful and relaxing as possible?

Contempt Of Support Orders: Avoid This At All Costs

Support Contempt actions are instituted once a Payor, for what can be a multitude of reasons, falls behind or fails to pay his or her Support obligation through the statewide PACSES system or through some other Agreement entered into between parties to a support or alimony action. Punishment mechanisms are statutorily in place if necessary

Earning Capacity in Support Matters: Impacts on Alimony

Let’s start with the premise that Pennsylvania is an Earning Capacity state. What is earning capacity and how can it impact your Support Order? First, a person cannot intentionally decrease their income, with the hope that this intentional decrease will result in a lower support Order. Let’s take the case of a fictional couple, Donnie

Flat Fee Or Hourly Billing What’s Right For Me?

Traditionally, Family Lawyers bill their clients one way…hourly. However, there is an alternative. That alternative is Flat Fee Lawyering. Clearly, however, not every case is right for Hourly Lawyering and not every case is right for Flat Fee Lawyering. We, at SchwartzJordan, offer both options. You choose which method is right for you, up front,

Dividing Property in Divorce: Solomon to Divide Assets

Property division in Pennsylvania divorces sometimes takes a Solomon-like approach in order to achieve a fair and equitable division of these assets during divorce. Pennsylvania is an Equitable Distribution state. This does not necessarily mean an equal, or 50-50% sharing

Stepparent’s Obligation to Pay Child Support in PA

Before the recent Pennsylvania Supreme Court opinion in A.S. v, I.S. decided December 29, 2015, Stepparents in Pennsylvania had no child support obligation to their stepchild, even if that stepparent had a partial child custody order with the stepchild. In

Voluntarily Quitting Employment & Child Support Cases

Voluntarily terminating one’s employment, which includes not only a total cessation of employment, but also an intentional decrease in one’s income, will not serve to lessen one’s child support, spousal support or alimony obligation, in most cases. Pennsylvania is not

Moving Out During a Divorce: Is It a Mistake?

A divorce is a painful process that raises many difficult questions. One of the most common questions is whether to leave the marital home. This decision should be carefully considered as it could have important legal and financial consequences. Can

Social Media in Family Law Cases: Avoid Harmful Posting

Social media dominates our electronic culture. We are drawn to it, to give us a glimpse into people’s private lives. People post everything, the interesting, the salacious, the relevant and the boring. We post innocuous pictures and words; we post

Child Relocation in Pennsylvania: Protecting Parental Rights

Child relocation in Pennsylvania is subject to a formal legal procedure that was established in October of 2012. “Relocation,” under the Custody Statute in Pennsylvania, occurs when a parent, whether or not there is a Custody Order, decides that he

Custody Terminology And How It All Fits Together

The confusion surrounding child custody and just “how it works” is a major concern and worry for parents who are contemplating separation or who need to get clarity about the issue. In deciding what direction you are about to travel,

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