Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Visit Our Blog

Mar 20

The Difference Between Physical and Legal Custody

In 2016, the divorce rate was 3.2 per 1,000 people. While this was down from 4.0 in 2000, divorce still affects millions of families. If you’re a parent who’s going through a separation, it will be important to know the difference between physical and legal custody.

What Is Legal Custody?

If a parent has legal custody of a child, he or she has the ability to make important life decisions on that child’s behalf. These decisions could relate to everything from health care to religious beliefs. Parents with legal custody may also have a say in how their child is educated or disciplined.

What Is Physical Custody?

When a parent has physical custody, it means that the child lives with him or her the majority of the time. It is important to note that the noncustodial parent may still have the right to see or otherwise interact with the child. The child might also spend time at the other parent’s home either during the day or overnight as part of a visitation schedule.

Can Parents Have One Type of Custody Without the Other?

Yes, it is possible that a parent will obtain legal custody rights to a child without having physical custody rights. In a custody case, courts strive to make rulings that are in the best interests of the child. Depending on where the parents live or their work schedules, it might not be feasible for both to have physical custody of the child. However, such rulings may not preclude a parent from being granted legal custody if he or she has the ability to remain actively involved in a child’s life.

Can Parents Share Custody of Their Children?

Depending on the details of a case, it is possible for parents to share both legal and physical custody of their kids. It is also possible that a parent could have sole legal custody while sharing physical custody of a child. In some cases, the parents themselves will decide that one parent is better suited to make decisions for the child even when both are fit to be around the son or daughter. The final agreement will likely come down to the unique circumstances of the family involved.

Who Decides How Custody Matters Are Resolved?

In some cases, the parents themselves will decide how to divide custody of their children. This is determined as part of an overall parenting plan that will both work for them and be in the best interest of the child. However, if they are not able to come to an agreement on their own, a judge will make a ruling. Typically, parents are asked to resolve their differences through mediation or arbitration before asking a judge to make a ruling. A collaborative approach is generally a better option for parents as it will ultimately provide them greater control over the final outcome.

Can Custody Agreements Change Over Time?

It is possible that a custody agreement will change over time. For example, this could happen if one parent has to move to another town or state for a job opportunity or relocate closer to family members. A custody arrangement could also change when the child gets older and is better able to express his or her own living preferences. If a parent is given limited custody rights because of a criminal history or other factors deemed problematic by a court, he or she could gain expanded rights by overcoming those concerns.

The Law Prefers Both Parents Being in a Child’s Life

Assuming that neither parent is a danger to the child, both parents are presumed to play a role in that child’s life. This is because most children grow up to be better adjusted and ready for adulthood when they have two parents in their lives. Such an arrangement is generally created even if the parents don’t get along or would rather have custody or other rights to themselves. A judge or other neutral party may work with the parents to help them overcome their own problems for the sake of being good role models for their children. For the most part, families benefit from a smoother legal process.

If you are looking for a child custody lawyer in Jenkintown, contact our office by calling (215)-886-1266 or by filling out the form on our website. We’re prepared to help you through the process of determining custody rights and visitation schedules.

Mar 10

Relationship-building Tips for Part-time Parents

According to one study by Pew Research Center, fewer than a quarter of fathers who do not live with their children see them more often than once per week. While it is still more common in divorces for mothers to get physical custody and for fathers to have visitation rights, both mothers and fathers who are not the custodial parent may have limited time with their children.

Under Pennsylvania law, “partial physical custody” refers to what some parents might think of as visitation rights. A parent who has partial physical custody has less than a majority of time with the child. The parent who is granted partial physical custody after a divorce may be concerned about maintaining a relationship with the child. However, having less time with the child does not necessarily mean that the relationship between parent and child has to suffer.

There are a number of reasons parents might arrive at a custody agreement that involves one having partial physical custody instead of shared physical custody. If the divorce was through a process of collaborative law, both parents may have reached the conclusion that this arrangement would be in the best interests of the child. For example, one parent may have already been the child’s primary caregiver while the other parent might have worked long hours. Although the arrangement may be difficult for the parent with partial physical custody, that parent might also agree that a custody battle would not serve the child’s best interests.

Best Practices for Making Co-parenting Work

Some of the guidelines for building and maintaining a good relationship with the child are no different from what they might be if the parents shared physical custody. For example, parents should try to work out an agreement with one another that includes consistent rules between households. They should not involve children in their disputes, question the child about the other parent, or badmouth the other parent in front of the child. Instead, each parent should encourage the other’s relationship with the child.

However, a parent with partial custody might face additional challenges that a parent with shared custody might not. The parent may only have alternate weekends and perhaps one weeknight per week with the child. This could cause both parent and child to feel as though the parent is losing touch with the day-to-day aspects of the child’s life.

Tips for the Parent With Partial Physical Custody

Of course, there is no such thing as an actual “part-time parent.” You are always a parent even when you are not physically with your child, but if you are concerned about the quality of your parent-child relationship, these guidelines can help.

  • Be on time. It seems obvious, but failing to keep to schedules is an ongoing issue in many post-divorce parenting relationships. Your reliability shows your child that you care.
  • Don’t always aim to be the “fun” parent. In an effort to make sure your limited time with your child is quality, you might want to plan a special fun activity for every visit. However, the steady, routine activities are just as important: homework help, making dinner, talking about the school day.
  • Show up. This is important not just for scheduled visitation times, but also for games or performances your child is in, parent/teacher meetings, and medical appointments. Look into revising your custody agreement if you are being shut out of these activities.

The Challenge of Blended Families

If you remarry and have more children, it is important that the children from your previous relationship do not feel that they are being erased. This is particularly important if you only have partial custody. There are a few ways to help ensure that this is not the case.

  • Make sure you set aside individual time to spend with your children from the previous relationship.
  • Do not treat your children from the previous marriage differently than the children from your present marriage. Be sure your current spouse is on board with this as well.
  • Work on creating new family traditions that involve all of you.

If you are headed into a divorce and you have children, you may feel anxious about their well-being and what custody arrangements are going to look like. You can contact us at the Law Office of Joanne Kleiner & Associates in Philadelphia at 215-886-1266 for a consultation.

Feb 20

Planning for Custody of a Disabled Child

Having a child with a disability is often a cause of marital strife, and more than 80 percent of married parents of a child with a disability eventually divorce. When married couples with a disabled child decide to divorce, it’s important to consider the child’s custody, support and guardianship in the legal arrangements. Having a plan in place helps to ensure that the disabled child’s financial, housing, medical and other needs will be met and that the parent with custody will have the right support in place under the law.

Divorce Statistics When a Child Has a Disability

When a married couple has a child with a disability, the stress of the situation can put a considerable strain on the marriage. As a result, many of these couples end up filing for a divorce. If a child has autism, there’s an 85 percent chance that the parents will divorce. If a couple has more than one child with disabilities, the pair has a higher than average chance of divorcing. A divorce mediation lawyer may be able to provide you with legal representation whether you’re filing for divorce or responding to the filing of a divorce by your spouse.

Special Considerations for a Divorce When a Child Has a Disability

There may be special considerations for both the spouse who will have custody and the child when there’s a divorce. In many cases, one of the parents works full-time while the other parent works outside of the home on a part-time basis or doesn’t work at all because of the scope of the child’s disability. The parent who retains custody of a child with disabilities may not be able to continue working or start working outside of the home due to the responsibilities of taking care of the child. This represents an increased need for both spousal and child support in the terms of the divorce. There’s also the related issue of medical decision making for the treatment of the disability. If custody will be shared, parents might have to consider who will take the child for appointments and what he or she will do if the child’s condition worsens. If a custodial parent decides to put the child into an outside nursing facility or other housing for people with disabilities, then this could also affect the terms of the divorce.

Visitation and Custody

Children with a disability as well as typically developing children benefit from stability, predictable routines and consistency in their environments. When you work with a child custody lawyer, these areas may be of increased importance to your divorce settlement. For example, if you’ll have primary custody and your former spouse will have visitation rights, set up a predictable visitation schedule that suits your child’s needs. If your former spouse doesn’t meet the expectations set forth in the agreement, then you may want to have wording included about the termination of visitation rights.

Appointment of a Guardian

Appointment of a legal guardian is a separate topic from custody and visitation, and it’s an important part of family law. Any child, including ones who have a disability, becomes legally able to make his or her own decisions at the age of 18. A guardian is allowed by law to make those decisions for an adult-disabled child. A custodial parent or parent with shared custody could be the guardian. You can also have someone else, such as an adult sibling, aunt or uncle of the child, be the guardian. A non-family member may also be the guardian. The topic of guardianship often comes up in a divorce case.

Child Benefits and State Support Programs

It’s important to know that if a child support lawyer negotiates a support payment system to the child from one or both parents, then the monies received could impact the child’s ability to receive government benefits. The state may reduce the child’s disability income accordingly. In some cases, the parental support could make the child with a disability ineligible for certain programs provided by the state or federal government.

A divorce lawyer may be able to help with your divorce and custody case in Jenkintown for a child with disabilities. Call the Law Office of Joanne Kleiner today at 215-886-1266 or visit our office at 261 Old York Road, Suite 402, Jenkintown, Pennsylvania 19046 to learn more.

Feb 10

Mediation or Collaboration May Help Divorcing Couples Avoid Court

Divorce can be stressful even for couples who split in the most amicable of circumstances. Court fees can be expensive, and procedures such as service of documents can strain even the most agreeable of separating parties’ relationships. The good news is that divorcing couples who wish to avoid the stress and costs of litigation may choose other options such as mediation or collaboration for marriage dissolution.

What Is Mediation?

Couples who seek mediation basically work out the terms of the divorce themselves using the services of a neutral mediator who’s usually a divorce mediation lawyer. The mediator doesn’t work for either party in the divorce. In fact, mediation can be seen as a process of three parties: the two parties in the divorce and the mediator.

The mediator helps the other two parties work through the issues involved in the divorce agreement, including but not limited to:

  • Child custody
  • Child support
  • Division of property
  • Assignment of debt responsibility
  • Alimony or other financial assistance

Regardless of how agreeable the parties may be at the beginning of the mediation, it’s not unusual for parties to exhibit emotions like anger, sadness, or anxiety that can hinder the process of reaching a mutually acceptable divorce agreement. One or both parties may be argumentative. A mediator can usually intervene and serve as a calming influence to help the parties refocus on the issues at hand.

Using a mediator may be especially helpful when children are involved. It allows for more flexibility in discussions and also provides a greater degree of confidentiality for all involved. While the divorce agreement that’s settled on through mediation is filed with the court, the details associated with the divorce aren’t divulged in a public forum such as a courtroom.

What Is Collaboration?

Collaborative divorce differs from mediation in that the divorcing couple doesn’t directly communicate with each other. Instead, each party is represented by a lawyer through a contractual agreement for collaboration. Through these lawyers, the parties essentially agree that litigation will not be sought and that full disclosure of assets will be provided by each party to the divorce. The collaborative team may also include therapists or counselors as well as neutral professionals who may serve as financial advisers or child advocates.

Collaboration may be a better choice than mediation for couples who are unable to directly communicate with each other without becoming confrontational or argumentative. This may be especially true when the divorce involves children. However, it should be noted that if either party seeks litigation, then the collaborative agreement is rendered null and void.

Collaborating with attorneys and neutral financial professionals may also be advantageous in cases where large property settlements are involved or when the composition of assets may be complicated. For instance, real estate ownership, stocks, bonds, options, and other investments may not be easily divested without professional help to ensure that the interests of all parties are protected equitably.

Other professionals who may be involved in the collaborative process are mental health coaches who help diffuse emotional issues and prevent them from overriding the objective matters that need to be addressed. These professionals are often the same gender as each party that he or she works with in order to help understand and work through the unique aspects of each gender’s perspective. They often help guide the parties in the use of positive and effective communication practices in the process.

Collaboration is usually more expensive than mediation but less expensive than litigation. It’s also usually more confidential than litigation, and children are afforded better protection from the negative fallout that can sometimes arise from emotional outbursts or negative comments in a courtroom.

When a divorce is inevitable, whether uncontested or contested, you may feel unsure as to where to turn in order to protect your rights as well as the interests of your children. When this happens, it’s a good idea to seek the advice of a divorce lawyer who’s familiar in matters of family law, including property settlement, child custody, child support, and a myriad of other concerns. A lawyer can also help guide you in deciding if mediation or collaboration is for you or if pursuing litigation in court will best serve your interests. Turn to Joanne Kleiner & Associates to receive the assistance you need. You can contact our firm by calling (215) 886-1266 or by visiting our office in Jenkintown, PA.

Jan 21

Money, Parental Access, and Child Well-Being Influence Divorce Terms

According to the most recent data from the U.S. Census Bureau, 48.7 percent of the 13.4 million custodial parents in the country have court orders or other agreements requiring noncustodial parents to provide financial support to their children. A substantial majority of these agreements, 89.8 percent, arose from decisions by courts or government agencies. Only 10.2 percent of these parents relied on informal agreements.

A consultation with a Jenkintown family lawyer could provide important insights about how to create an agreement with your child’s other parent. Even people going through uncontested divorces often require advice from divorce lawyers about how to calculate child support and develop a custody schedule.

A Jenkintown divorce lawyer will guide you through issues such as:

  • Options for child custody
  • Establishment of child support
  • Spousal support
  • The best interests of the child

Types of Child Custody

A family lawyer could explain how to approach child custody based on your specific circumstances. In uncontested divorces, the parents typically create a co-parenting plan. While developing your plan, a child custody attorney could help you make informed decisions about issues such as parental relocation, vacation scheduling, rights to make medical decisions, and much more. Family courts in Pennsylvania recognize seven forms of child custody:

  • Shared physical custody
  • Primary physical custody
  • Partial physical custody
  • Sole physical custody
  • Supervised physical custody
  • Shared legal custody
  • Sole legal custody

As you and the other parent work through your options, a child custody lawyer could defend your parental rights. If you desire privacy and control during this process, a collaborative law approach can help limit the need for litigation. With collaborative law, you and a divorce lawyer will negotiate with the other party. Collaborative law offers an alternative to family court intervention when both parties desire a mutually acceptable outcome.

If you and the other parent reach terms regarding custody outside of court, a child custody lawyer could prepare the written agreement. Otherwise, a family lawyer could present your wishes during a court hearing and seek a custodial determination from the judge. Representation from a Jenkintown divorce lawyer will help prepare you to understand court procedures. As your child custody attorney, we will strive to clearly communicate your concerns and preserve your relationship with your child.

Calculation of Child Support

A child support attorney will explain how your personal income, everyday expenses for the children, shared custody schedule, and health insurance costs will influence the amount of child support. Your child support lawyer will inform you about state guidelines for calculating child support. Advice from a child support lawyer may allow you to create a post-divorce family budget. A child support attorney could represent your interests in court if the other parent challenges your support request or ceases payment.

Financial Transition

Relationships that involved partners with significantly unequal incomes might qualify for spousal support. A family lawyer may recommend pursuing this compensation to maintain financial stability during your transition to single life. A Jenkintown divorce lawyer can help you evaluate whether spousal support might play a role in your divorce settlement.

The Role of Child Well-Being in Support and Custody Decisions

A child support lawyer will focus on achieving a resolution that meets your child’s financial needs. Advice from a divorce attorney could protect your child from future hardship. During uncontested divorces, a review of the support plan by a child support attorney can alert you to expenses that you might have overlooked.

During your consultations with a Jenkintown family lawyer, you will learn that the law considers more than parental wishes in a custody decision. Courts value the best interests of the child with an emphasis on safety and familial relationships. Stable home life and continuity of schooling and extracurricular activities could play roles as well. After reviewing your situation, a child custody lawyer might identify the issues most pertinent to your case. The advocacy of a child custody attorney might allow you to challenge allegations made against you by the other party.

Contact Us

At Joanne Kleiner & Associates, you can have access to a Jenkintown family lawyer who’s willing to defend your parental rights. Whether you need legal representation or are still just curious about your options, we can provide the guidance you need. Call us at 215-886-1266 or email us to schedule an appointment with a divorce lawyer and receive personalized advice.