Joanne Kleiner & Associates

child custody

Feb 24

What Happens When Divorced Parents Don’t Agree on Child Vaccinations

How to Handle Vaccination Decisions for Kids After a Divorce

The non-vaccination rate for children in the United States has been increasing for several years, which is leading to many outbreaks of many previously rare diseases such as measles. In particular, only 83.7 percent of children have completed the four or more doses for diphtheria, tetanus and pertussis with many parents claiming exemptions for personal reasons. If your spouse has different opinions regarding vaccinating your child after a divorce, this is a matter that will have to be settled with the help of a Jenkintown family lawyer.

Think About the Risk to Your Child

Vaccine-preventable diseases are making a comeback with many outbreaks occurring during the early months of 2019. In communities such as Portland, Oregon; Clark County, Washington; and neighborhoods of New York City, hundreds of children have been sickened with measles. Other outbreaks of rubella and pertussis are making the rounds in vulnerable children, some of whom have been hospitalized. A community-wide vaccination rate of 90 to 95 percent is necessary in order to protect children who cannot receive a vaccine because of medical contraindications. Consider the risk to your child. If your child has a chronic medical condition such as asthma or is around a lot of other vaccinated kids, he or she has a high risk of contracting an illness. Also consider the long-term effects of infections on a child. A childhood case of mumps could cause permanent sterility in males.

Evaluate the Reason for Non-Vaccination

The parent who does not want to vaccinate the child should consider the seriousness of the decision and evaluate his or her reasoning for not wanting to vaccinate. Religion is one reason, but if the child is not being raised according to that doctrine, it may not be valid in court. A parent’s philosophical reasons may also not be valid in the courtroom. The parent who does not want to vaccinate may need to have a respectable medical professional provide testimony as to the benefits of not vaccinating the child.

Consider an Alternative Vaccination Schedule

Many parents object to their children receiving multiple shots in one visit to the pediatrician’s office. They believe that giving a child several vaccinations in a short period of time overwhelms and stresses his or her immune system. This has not been scientifically proven, but people do have anecdotal experiences that cause them to have strong feelings about the situation. With your lawyer’s help, you may be able to negotiate an alternative vaccination schedule with your former spouse. You could plan this with the pediatrician. For example, you could have your child get one vaccination per month.

Ask the Child

Children tend to take on the beliefs of their parents, but it would be wise to ask school-age and teenage children about their preferences. A child might not understand the scientific jargon of vaccine benefits and risks. However, it is important to be aware of the child’s opinion about getting vaccinated. Children can be given information about the pros and cons of vaccination. A pediatrician could do this under the court or family lawyer’s supervision. Teenagers should be able to read information on the Center for Disease Control and Prevention’s website about vaccine benefits and risks. In some communities, teenagers are defying their custodial parents and seeking out vaccinations on their own. Parents should keep this in mind and include their children whenever possible when it comes to making medical decisions.

Working with a Jenkintown family lawyer helps you understand your rights and responsibilities when it comes to providing medical care and making medical decisions on behalf of your child. A consultation in Jenkintown with a family lawyer may help you communicate with your ex-spouse about vaccination decisions. To learn more about your parental rights and making medical decisions for your child, contact Joanne Kleiner & Associates by phone at (215) 886-1266.

Dec 17

The Determination of Primary Caregiver

How a Parent Can Be Designated As a Primary Caregiver

One of the primary components of child support is determining who is the primary caregiver for the child, which plays a part in who receives the child support payments. In 2014, around 82 percent of primary caregivers were mothers, with only 18 percent being fathers. When you are going through a divorce or separation and need to know more about child support, one of our child support lawyers can help answer your questions.

The Importance of a Primary Caregiver in Child Support Cases

In almost all cases, the primary caregiver of the child will receive child support payments from the other parent. While determining the identity of the primary caregiver plays a large role in child custody cases, it’s also important with child support. The parent who gains custody of the child will be considered to be the child’s primary caregiver, which means that the other parent is going to need to make child support payments.

The parent who becomes the child’s primary caregiver is usually the one who can display to the courts that he or she was the main caregiver for the child during the marriage. Along with being able to support the child financially, the primary caregiver will also need to have an emotional bond with the child. In the event that both parents share custody equally with no one being labeled as a primary caregiver, child support payments may still need to be paid and are determined by which individual brings in the most income.

How the Role of Primary Caregiver Is Determined

When the courts are attempting to identify which of the parents should be the primary caregiver for the child, their primary focus is on how the individuals have divided the main responsibilities that they have as parents. These responsibilities include tasks like:

  • The planning and preparation of meals
  • General health care plans
  • Grooming, dressing, and bathing
  • Attending parent-teacher conferences as well as open houses at school
  • Partaking in fun activities with the child
  • Helping the child with his or her homework while also teaching him or her skills like reading and writing
  • Taking care of laundry and purchasing any necessary clothes

The parent who performs the majority of these tasks will likely be named as the primary caregiver of the child in question. While other factors may come into play, the person who spends the most time with the child and is able to support him or her financially has the largest chance of being designated as the primary caregiver.

Making Decisions Based on the Child’s Best Interests

If the courts are provided with comprehensive information that details how the parental responsibilities are divided between both people but can’t come to a decision about which one should be the primary caregiver, it’s possible that this decision will be made by the courts based on the child’s best interests, which can determine who will be making child support payments. If the parental responsibilities are divided evenly among each person, there are many factors that will be considered when looking at what is in the child’s best interest. These factors include:

  • The child’s age
  • The child’s opinion (if appropriate)
  • The mental and physical health of the parents
  • Any evidence of drug abuse, emotional abuse, or excessive amounts of discipline by the parent
  • How the parent interacts with other members within the household
  • Which parent would allow for the continuation of a steady home environment

When one parent has been named as the primary caregiver of the child, the other person will need to start making child support payments on a monthly basis. Consider contacting our child support lawyer if you’re wondering about how these payments are calculated.

If you still have questions about whether you will be able to become your child’s primary caregiver, contact one of our Jenkintown child support lawyers at (215) 886-1266 to have a more detailed conversation about your case.

Nov 21

How Mediation Can Be Used With Child Custody Situations

The Process of Mediation With Child Custody Cases

One of the largest issues to be tackled in a divorce is child custody, which is something that can be difficult for each spouse to agree upon. In 2017, there were more than 825,000 divorces in the U.S., many of which involved such issues as child custody and child support. If you have children and you would like some help ironing out the details with your child custody arrangement, call one of our child custody attorneys today.

What Is the Mediation Process?

Mediation is a process that’s commonly used in uncontested divorces, which means that both spouses believe that they can reach a settlement without disagreement. This is a type of procedure wherein both spouses will discuss all of their current disputes and disagreements with a third-party mediator in an attempt to come to an agreement about these issues. The third party who acts as a mediator is meant to be wholly unaffiliated with either spouse.

While there is a wide range of cases that can go through mediation, child custody is a primary focus of many mediation procedures that occur with a divorce. The role of the mediator in this process is to handle discussions about the child custody while also coming up with solutions that can help resolve the primary dispute. Even though the mediator does not have the power to directly settle the disagreement themselves, they can help push the spouses toward having civil discussions.

How Does Mediation Work With Child Custody?

Mediation with child custody agreements works in much the same way as other forms of mediation. The parents of the child will have discussions with a third-party mediator as opposed to taking the case to court. Mediation can either be done with both parents in the same room or in separate rooms depending on preference. One of the most common ways in which mediation is used with child custody cases is when the parents or guardians are able to agree on most aspects of the child custody agreement but disagree on a couple of the particulars. The mediator will attempt to reach a middle ground with both parents on the smaller aspects of child custody. A successful mediation procedure is determined by whether or not the parents agree on every aspect of child custody. If they do not, the custody case will likely go to litigation.

Primary Benefits of Using Mediation

When you are considering using the mediation process for the child custody agreement between you and your spouse, there are a variety of benefits that can be derived from this process. For one, the mediator won’t be on any side, which means that the parents or guardians of the child are able to speak freely during the mediation. Mediation may also be able to help the parents of the child communicate more openly, which can be beneficial for the child’s future.

This process also does not involve expert witnesses in the same way as court cases do, which is one of the reasons as to why the process is usually a short one. Even though the decisions and agreements that are made in mediation aren’t typically legally binding, they are usually adhered to by a court. The various factors that will need to be agreed upon in a child custody plan include:

  • The type of custody
  • Living arrangements with the parents and the child
  • A visitation schedule
  • How the holidays will be spent
  • Where the child will obtain education
  • When and what types of vacations can be taken with each parent

After a plan has been created and signed by each parent, it usually goes through a short finalization process.

If you are filing for a divorce and you would like to know more about your legal options regarding child custody in Pennsylvania, call one of our child custody attorneys at our law office in Jenkintown today at (215) 886-1266 to set up a consultation.

Oct 29

How a Child Custody Attorney Can Assist With Your Case

A Child Custody Lawyer May Help You Resolve Disputes

Contested child custody cases can be extremely stressful, especially if you and the other parent cannot agree on fundamental parts of a parenting plan such as visitation scheduling, education or religious training. An attorney may be able to assist you in achieving a solution.

What Is a Paternity Case, and How Does it Involve Child Custody?

A paternity case involves the adjudication of father’s rights. There are generally two parts to a paternity case. First, a judge must declare that the man in question is biologically and legally the father of the child who is the subject of the litigation. Next, a judge may make decisions regarding visitation and child custody, including granting the father primary custody if appropriate.

A paternity case can be filed by the biological mother or father or by the Office of Child Support Enforcement. In some cases, the mother of the child may request a DNA test, or she may sign paperwork acknowledging paternity. Just because a father’s name is on a birth certificate does not necessarily mean that he is entitled to visitation rights. A paternity case must be opened for him to be legally declared the father and granted all the rights to which he is entitled. He may also be ordered to pay child support.

Should I File for Child Custody First or Wait Until I Am Served with Paperwork?

If you are separated and your spouse has mentioned that he or she may file for divorce and ask to be awarded custody, you may wonder if you should file first. It is a good idea to speak to a child custody lawyer about your options. In some cases, it can be beneficial to go ahead and file for an adjudication of child custody because the plaintiff in a civil case usually gets to present his or her side before the defendant does.

What is Temporary Child Custody?

In some cases, a judge will sign a temporary order that will remain in effect until a final order is entered. In many cases, both sides will agree on the specified terms. A temporary hearing may be set very early in the case so that important issues can be decided before a final hearing. A final hearing usually lasts longer than a temporary hearing so any evidence that was not presented initially can be offered at this time.

Can Child Custody Be Modified After the Judge Signs a Final Order?

Child custody can be modified at any time if there has been a material change in circumstances. If the change affects the health or safety of the child, an emergency order may be requested. Circumstances might be considered materially changed if one parent moves or gets remarried. An emergency situation could exist if there is suspicion of child abuse or a parent is arrested for a serious offense.

If I Am Behind on Child Support, Can My Ex-Partner Deny Me Visitation?

Child support and visitation matters are separate. You cannot withhold child support if you are being denied visitation, and your ex-spouse cannot deny you visitation if you are behind on child support. One option for those that have been denied visitation, is to file a petition with the court for the other parent to be held in contempt. That parent may be punished for not obeying previous court orders. If the judge believes that visitation is being denied against the best interests of the child, it may even be a reason for modification of custody.

What Should I Do if I Have Questions About My Pennsylvania Child Custody Case?

If you have legal questions about your child custody case, call Joanne Kleiner & Associates. Joanne Kleiner is an experienced child custody lawyer who will work hard on your case at every stage of the proceeding. Contact our Jenkintown office at (215) 886-1266 today. You can also schedule a consultation online.

Aug 28

How to Share Responsibilities for a Young Child’s School Activities

Who Is Responsible for School-Related Child Issues After Divorce

In 2016, the marriage rate was 6.9 per 1,000 individuals, and the divorce rate was 3.2 per 1,000 people. Overall, about 40 percent of first marriages end in divorce, and the rate is higher for second and subsequent marriages. Many of those divorces include households with young children who attend school, leaving parents with some tough choices regarding who will be responsible for handling school-related activities.

Deciding on a School District

If you and your ex-spouse both reside in the same school district, you may still need to decide on whose address to use as the primary address for your child. If one parent lives in a much better school district, you may have to work out the residency in your custody arrangement. This could be the situation if you share custody and parenting responsibilities. If one parent has primary custody, then that parent’s address is typically the one used for school purposes. The address is important because school district borders may vary based on which side of the street you live on.

Attendance at School Functions

When working with your divorce mediation lawyer, many of the scheduling issues between you and your ex-spouse will be negotiated as a part of the child custody arrangement. However, some issues may need to be directly specified in the arrangements. Attendance at school functions is one of those topics. Schools encourage parents to attend special events such as open houses and plays. If you do not want to attend the events simultaneously, work out an arrangement based on whom the child is with on the day of the event. You could also work out something different, such as an arrangement where one parent goes to daytime functions and another goes to evening functions.

Parent and Teacher Conferences

Parent and teacher conferences are an important part of the educational process. They allow you to find out how your child is doing socially, academically and functionally in the school environment. If you have a shared custody arrangement, consider going to a conference together or arranging separate times to both meet with your child’s teacher. This is especially important if your child stays with you and your ex-spouse during the school year.

Child Discipline Problems at School

You will also need to decide on who will be the point of contact if your child has a discipline problem at school. In this situation, you might have meetings with the school’s counselor, principal and teacher. Both parents may be asked to attend. If you and your ex-spouse prefer, you can arrange so that just one of you will handle these situations if they arise.

Pickup and Drop-Off Responsibilities

Part of your child custody arrangement may include who is responsible for getting your child to and from school each day. If you share custody and switch off different days of the week, this information will need to be provided to the school. If your child will ride the bus and use different school bus routes and stops based on whose house they are going to that day, this information must also be communicated to the school.

Emergencies and Unusual Events

You also need to have a plan with your ex-spouse about how to handle emergencies and unusual events. For example, if your child gets sick during the school day, you will need to know in advance who will pick up the child at school. This might be based on work schedules or which parent is caring for the child that day. You should have a plan in place for situations such as weather hazards that result in school closures, delays or early dismissals. Have a plan for handling school lockdowns and emergency building closures that are due to utility disruptions or widespread illness.

Joanne Kleiner is a skilled divorce mediation lawyer who can help you work through all of these issues. To schedule a consultation, contact us at Joanne Kleiner & Associates by phone at (215) 886-1266. You can also visit our law office in Jenkintown in person to make an appointment.