Law Office of Joanne Kleiner

Archives for February 2017

Feb 23

Pennsylvania May See Return of Parent Coordinators

Parent Coordinators

In 2008, the Pennsylvania Superior Court concluded that parents who could not cooperatively come to agreement on custody matters needed some place other than the courts to help make those decisions. Accordingly, the role of “parent coordinator” evolved in Pennsylvania, with parent coordinators being given “limited…judicial authority to address…custody matters.” For five years, the system appeared to work well, with parent coordinators prevented from making major changes to legal or physical custody rulings. Parent coordinators were typically mental health professionals or family law attorneys who went through specialized training. The Superior Court put together guidelines and submitted a proposed rule to the state’s Supreme Court.

In 2013, though, the Pennsylvania Supreme Court ruled that parent coordinators violated state law, granting judicial authority without supporting law. For the last four years, parents who have been unable to reach accord on custody differences have had few options to settle any disputes. Often, parents would have to file emergency petitions with the court, addressing such mundane issues as whether or not a child could go on a school trip or play school sports.

The Domestic Relations Procedural Rules Committee has announced that it will be proposing a new rule to the Supreme Court, reestablishing the role of parent coordinator. They have actually drafted the rule and made it available for comments before presenting it to the Supreme Court of Pennsylvania. The proposed rule sets forth the qualifications, duties, scope of authority and other requirements for parent coordinators.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Feb 01

The Collaborative Divorce Process

Collaborative Divorce

If you know that your marriage is over, but you don’t want a long and nasty divorce proceeding, you may want to consider a relatively new legal process—the collaborative divorce process. Here’s how it works.

In the collaborative divorce process, both parties retain their own legal counsel. However, instead of using the traditional process, where counsel may use any means to further the interest of his or her own client, both the parties and their attorneys agree in advance that all matters will be resolved without the intervention of the court. Accordingly, the parties and their attorneys are encouraged to identify and implement cooperative solutions.

To accomplish this objective, it’s common for the parties to bring in outside experts for guidance. For example, to identify the most appropriate custody and visitation arrangements, the parties may turn to child psychologists or counselors, who may meet with children and parents, assess needs and skills, and make a recommendation. With respect to property distribution, the parties often hire financial planners or consultants to determine how the parties can fairly allocate debts and assets.

If the parties successfully resolve all matters without the intervention of the court, an order is typically drawn up and submitted to the court, to be signed by the judge. However, if the parties run into any insurmountable hurdles and must ask the court for guidance, each party must hire new legal counsel for any further representation.

The collaborative process offers a number of potential benefits. Because it avoids a lot of the typical pre-trial discovery, it can be less expensive and can be resolved more quickly than through the traditional divorce process. In addition, if the parties successfully complete the collaborative process, it can have significant benefits when dealing with any minor children.

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.