Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

child custody

Jun 02

What Co-Parents Shouldn’t Do During COVID-19

4 Things Separated Parents Should Avoid During COVID-19

Due to the COVID-19 crisis, courthouses across all of Pennsylvania’s 67 counties are closed. However, this does not suspend a parent’s obligations under their custody agreements as courts may still get involved in the future. Here is some advice on four things to avoid during the pandemic so that you can stay out of trouble.

1. Do Not Keep the Child From the Other Parent

While you may not feel safe having your child switch between homes during a pandemic, this is what the court order says. That agreement is still valid during COVID-19. In fact, stay-at-home orders specifically state that transportation for custody arrangements takes precedence over the lockdown.

One parent cannot decide to keep the child if the other parent has a right to custodial time. This can lead to a contempt of court charge. It may even be enough for the court to grant a remote hearing and get involved. In other words, this is a serious matter that could result in punishment.

2. Do Not Make Unilateral Decisions

Co-parenting and shared custody agreements are still in effect, even if courts are closed and normal life is upended. No matter the national level of crisis, parents are still expected to work with each other to the extent mandated by the custody agreement.

Unless the agreement says otherwise, a parent cannot act to make a decision about the schedule or medical care for the child without input from the other parent. The COVID-19 crisis cannot be used as an excuse to upend the custody agreement. Make sure to follow the same procedures that you always would when making decisions on behalf of the children. While you may not be found in contempt of court today, there is the chance that this could happen when the other parent is finally able to get a hearing. If there are concerns, they should be discussed, but one parent does not get the sole right to make decisions.

3. Do Not Be Hostile

Everyone is under stress right now. However, the texts and emails that you send can always be admitted into a later court hearing as evidence used against you. A pattern of hostile communication can always be grounds for the court to amend the custody arrangement at a later date. That’s why a child custody attorney would advise a client to be civil no matter what.

Courts want to see a cooperative co-parenting relationship between the spouses. They do not want to see hostility in communications. Even if the courthouse is not open now, a judge will be able to see how the two parents dealt with each other during a time of crisis. Thus, this is the time to take the high road, even if the other parent has been uncivil to you first.

4. Do Not Take the Court’s Time Unless It’s Critical

Family law courts are going to be backed up for the foreseeable future. Courts are not holding in-person hearings right now due to COVID-19, and there is not a concrete answer as to when they will fully reopen. There are emergency matters that are being heard remotely.

However, you need to be careful with what you consider an emergency. Know that judges are backed up right now and only want to focus on matters that are absolutely vital. They may not want to take the time to deal with something that they do not consider to be a priority. Simple issues such as pickup times and who should provide transportation to after-school activities will not be considered matters of vital importance. Thus, you should use discretion in deciding what to file with the court right now.

If you need advice on the impacts of COVID-19 on your particular custodial situation, turn to a child custody attorney at the Law Office of Joanne Kleiner. We’re prepared to help you throughout the COVID-19 crisis and beyond after the lockdown is lifted. Call us today at (215) 886-1266 for your initial consultation at our office in Jenkintown.

Jan 15

How to Change Custody in Pennsylvania

The Process of Altering or Amending a Child Custody Order

While divorces in Pennsylvania have been on a steady decline since the early 1990s, they still happen and can be tough on families. During the course of divorce proceedings, one of the most contentious areas involves child custody, and after the end of a marriage is finalized, child custody oftentimes remains a contentious issue between the former spouses. If you’ve found yourself in a dispute surrounding altering or amending an existing child custody order, you undoubtedly have an array of questions and concerns, so you need to understand some of the basics associated with changing an existing child custody order.

Legal Standard to Change a Child Custody Order

In the commonwealth of Pennsylvania, a specific standard is applied when it comes to altering or amending an existing child custody order. In Pennsylvania, what is known as the “best interests of the child” standard is utilized in a situation in which a change in child custody is at issue.

A change of custody is nearly always raised by one of the parents. People do have an interest in the custodial arrangements pertaining to their children. However, in the final analysis, the paramount consideration in Pennsylvania is whether altering an existing custodial arrangement will serve the best interests of the child.

When considering a requested change of custody in light of what is in the best interests of the child, a court considers the specific facts and circumstances that are unique to a particular case. The factors that the court will consider commonly include the:

  • Physical, psychological and emotional health of the parents
  • Physical, psychological and emotional health of the child
  • Living situation of the parents
  • Historic and current involvement of each parent in the life of the child

The court will also look at how long the existing custody order has been in place as well as the underlying reasons why the request for the change was made. For example, a noncustodial parent might seek a change of custody in a situation in which the custodial parent begins to suffer severe health problems that directly impact his or her ability to provide primary care for his or her child.

Material Change of Circumstances

In Pennsylvania, maintaining a stable environment for children following divorce is a primary consideration. As a result, a custodial arrangement will not be changed willy-nilly. Rather, the underlying reason for a change of custody needs to be significant. The significance of the reasons underpinning the desire to alter custody must rise to the level of a material change of circumstances. Stated another way, the best interests of the child can only be satisfied if custody is changed.

Agreement to Change Custody

In some situations, parents agree to change an existing custody arrangement. It is preferable for parents to be able to resolve issues between themselves without the need for further litigation. Nonetheless, even when both parents agree to a change to the original custody agreement, that alteration must be in the best interests of the child. A judge must approve the proposed custody change and then issue a new custody order. A judge nearly always approves an agreed-upon change in custody unless the proposal clearly does not serve the best interests of the child.

Protect Your Legal Interests in a Child Custody Case With a Jenkintown Divorce Lawyer

Not only is a child custody case emotionally charged, but it can also be legally complex. Thus, if you are dealing with child custody issues after a divorce, you are wise to seek the advice and assistance of a skilled, experienced Jenkintown divorce lawyer, like a member of the tenacious legal team at the Law Office of Joanne Kleiner. Schedule an initial consultation with a child custody lawyer by calling our firm in Jenkintown at (215) 886-1266. Bear in mind that one of the best ways you can protect your interests is by seeking legal counsel whether you want a change of custody or are attempting to prevent an alteration in a custodial arrangement.

Jul 14

Why Joint Custody Is Important

What to Know About the Benefits of Joint Custody

A recent study in Wisconsin found that the percentage of parents who share custody rose from 5% in the 1980s to 27% in 2008. Changing views regarding gender roles is one key reason why it has become more common for parents to share custody of their children after a divorce. Let’s take a look at some key benefits that parents and children derive from a shared custody arrangement.

Children Get Both Parents in Their Lives

When crafting a custody order after a divorce, the best interests of the child are the top priority. As having two parents is generally in a child’s best interest, judges are loath to not grant custody to both parents whenever possible. It is important to note that couples may split legal custody without sharing physical custody.

Legal custody allows a parent to make decisions for a child while physical custody means that a child lives with the parent. However, parents who don’t have physical custody will likely be granted the right to have their children visit during the day or stay overnight. Even if they don’t get along with each other, it is still possible for each parent to have a good relationship with his or her child.

Joint Custody Creates Better Parents

Obtaining custody rights gives a parent the autonomy and freedom to create boundaries tailored to his or her child’s needs. However, it also provides a parent with the responsibility to enforce those boundaries. This is necessary to maintain a healthy family life.

When parents live together, it may be tempting for one person to simply delegate some or all child care tasks to the other individual. However, when there is only one parent available to provide such care, he or she has to read that bedtime story or figure out a way to stop the baby from crying.

As most parents learn through experience, having to take an active role in a child’s life will help them in the long run. Getting to know their children on a deeper level may make it easier for parents to anticipate their needs. This could help prevent issues like drug use, skipping school or taking part in other harmful activities.

Children Have Stronger Relationships With Their Parents

Parents who share custody of their children must learn to work as a team. Since they both have rights to the child, one person cannot take steps in an effort to cut out his or her ex. Fortunately, many parents actually find that that they work together better without the stress of their own strained relationship weighing them down.

Therefore, the focus is typically truly on the child and his or her development into a functional adult. Even if the parents still don’t get along after their divorce is finalized, they generally have enough respect for each other to not interfere with the relationship that each person has with the child. When children don’t have to worry about drama involving their parents, they tend to feel more comfortable talking about their feelings.

It May Cost Less to Simply Share Custody

Assuming that both parents are fit to have relationships with their children, opting for joint custody may help everyone save time and money. This is because there will be no need to go to court or spend an exorbitant amount on legal fees. However, it may be a good idea to have a child custody attorney review a parenting plan or any other agreement before it becomes binding. A lawyer might also be present during mediation sessions to help resolve issues before or after the divorce.

If you need a child custody attorney to help with a dispute with your child’s other parent, the Law Office of Joanne Kleiner can help. You can call our Jenkintown, PA, office at (215) 886-1266 to schedule a consultation. We’re prepared to answer your questions. You can also get in touch with us by sending a fax to (215) 886-2670.

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.