Law Office of Joanne Kleiner

Archives for January 2016

Jan 19

Protecting Your Rights as a Father in a Divorce Proceeding

custody of minor children

According to national statistics, less than one in five fathers is granted custody of minor children in a divorce proceeding. That may seem to be strong evidence of a bias in the courts toward mothers, but it’s more often based on a number of other factors.

Was the Mother the Primary Caregiver?

In determining who will have physical custody, the courts always give maximum weight to the “best interests of the child.” One of the first questions the court will ask is “which parent was the primary caregiver?” Courts seek to promote emotional stability for minor children and generally believe that children will best thrive when they have continuity in parenting. So, if the mother spent the most time with the child on a day-to-day basis, was the one who instilled discipline and values, and met the child’s needs, the court will want to perpetuate that relationship.

If you are a father who’s not been very involved in your child’s life, it’s not too late to start. It’s unlikely that you’ll be granted custody, but you may be able to get improved visitation rights. In addition, you’ll be better able to care for your children when they are with you.

Who Stayed with the Children?

Often, a grant of custody to the mother is simply a legal recognition that, as a part of the divorce proceeding, the mother stayed in the marital home with the children and the father left. Unfortunately, this often happens before the court orders either of the parties to leave the marital home. The reality is that, though it may be difficult to stay under the same roof with your soon-to-be ex-spouse, there’s no legal requirement that you leave until there’s a court order requiring you to do so. Furthermore, if you leave the marital home, it will be difficult for you to have the same bond with your children as their mother does, since she is with them almost all the time.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Jan 06

The Financial Realities of “Gray Divorce”

Gray Divorce

It’s a trend that researchers have seen for nearly 25 years—the number of people over the age of 50 who have been a party to divorce has steadily risen. Statistics show that, since 1990, divorces among the over-fifty demographic have doubled and among the over-65 group have tripled. Individuals in these age groups face challenges not found in younger adults in divorce.

The biggest challenge, for many, is ensuring that both parties will be able to meet financial needs after a divorce. Far too often, couples get divorced shortly after their children have left home. Many of those couples did little saving in the years before divorce, as much of their discretionary income went to meet the needs of their children. So they now find themselves without much of a nest egg at all, and little to nothing to divide in a divorce, other than the marital home.

One of the first things you need to consider, if you’re in your later years and headed for or involved in a divorce proceeding, is whether you’ll have the income and access to other financial resources to meet your day-to-day needs. You need to look at both the short-term and the long-term. You may be eligible for Social Security, but it could be a few years away. So here are some key considerations if you are involved in a divorce after age 50:

  • What kind of retirement plan do you have? Are all the funds held in the name of one spouse only? If so, you’ll need to divide the retirement plan as part of the divorce.
  • What do you have in savings or investments?
  • What’s the potential for both parties to be gainfully employed, and what level of income is realistic?
  • Do either of you need the marital home? Would it be in your best interests to sell the home and move into something smaller, so that you can have access to the equity in the home?

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.