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Archives for July 2014

Jul 18

Landmark Judge Verdict – Women Can Keep the Father From Being Present in the Delivery Room

Empty hospital hallwayA New Jersey judge made a landmark decision in March, stating that a woman could prevent the biological father of a child from being in the delivery room at the time of that child’s birth.

The case in question relates to a couple, who became engaged after the woman became pregnant, but broke up later, prior the baby’s birth. The ex-fiancé sued to be present for the birth of his child.

In an unusual twist, the case was heard over the telephone as the woman in question was at the hospital about to give birth. The judge ruled that having the biological father present would cause “unwarranted strain” on the mother.

NPR’s Jennifer Ludden reported that Superior Court Judge Sohail Mohammed “cited a patient’s right to privacy and a pregnant woman’s right to control her body.” The judge based his decision on another landmark case: Roe V. Wade; and Planned Parenthood v. Casey, which essentially established a woman’s right to have an abortion.

Father’s Rights Violation?

In fact, the Judge elaborated further, and said that women are not even obliged to tell the father when they go into labor. Father’s rights groups disagree, calling the ruling discriminatory. This ruling is in place only for biological fathers who are not married to the mother in New Jersey. More than 40% of all births are outside of marriage in the U.S.

Jeff Golden of Fathers & Children’s Equality said, “It’s a sad day for fathers, and for father’s and men’s rights.” Mr. Golden is concerned that this type of ruling will pave the way for some fathers to be nothing more than “visitors and pay checks” to their own children.

Contact Joanne E. Kleiner & Associates

Our founder and lead family law attorney Joanne Kleiner has more than 25 years of experience guiding men and women throughout southwestern Pennsylvania, including Montgomery, Bucks and Philadelphia Counties, through the family law courts and the divorce process. She has handled hundreds of cases, and the chances are excellent that she has handled a situation similar to your own.

Ms. Kleiner’s extensive background means she can provide you with accurate information and advice based on experience, so you can make informed decisions about matters that will affect your and your children’s future.

Contact us today to schedule a confidential consultation by calling our Jenkintown, Pennsylvania office location at 215-886-1266, or fill out our online intake form. Your future is too important to trust to a less experienced lawyer.

Jul 08

Uncoupling – Avoiding Acting on Negative Emotions

Couple separated on couchUncoupling, whether you are in a marriage, a common law marriage, or a same-sex marriage, can be extremely traumatic, and at the same time, you must navigate these rocky shoals because there are many practical issues that must be resolved.

In fact, many marriage counselors contend that the level of emotional healing you are able to reach during your divorce will help you to embark upon your future with both feet firmly on the ground.

So, with the goal of healing in mind, and feeling positive about your future, avoiding acting on your negative emotions can be difficult, but is necessary. Ironically the separation and divorce process can often trigger you to act, or to threaten to act, thereby signaling your own upset – and potentially causing hurt to the other party.

Leaving Children out of Divorce or Separation Arguments

However, acting out or power-struggling with your soon-to-be ex is going to hurt you (and potentially any involved children as they will FEEL your stress and upset – even if you don’t communicate details to them) in the long run. Before you make that phone call that will be laden with angry conflict, or inform your attorney that it HAS to be this way about the custody, division of property, or other legal issue, vent to someone who is supportive, capable, and willing to listen – and not to your children. Children are essentially captive audiences – they have no choice but to listen to a parent.

If you feel too vulnerable to discuss it with a friend, speak to a counselor, or even a clergy member such as a minister or rabbi. But find someone who will help you to let off steam. Once you express to someone how hurt you are or how upset you are over the particular topic in mind, you will be able to approach the actual discussion of this topic with your attorney or soon-to-be ex with more calm and detachment. This will ultimately help you save wear and tear on your physical wellbeing, as well as the unnecessary further complication of an already trying situation.

Contact Joanne E. Kleiner & Associates

At the Jenkintown law firm of Joanne E. Kleiner & Associates, family law attorney and divorce lawyer Joanne Kleiner utilizes her more than 25 years of experience to ensure you have the information you need to make intelligent and informed decisions, and that you fully understand the benefits and risks associated with those decisions.

Contact us today to schedule a confidential consultation by calling 215-886-1266, or fill out our online intake form. Your future is too important to trust to a less experienced lawyer.

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