Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

child custody

Aug 24

Court Seeks Location of Missing Twins

Holding Hands

A Pennsylvania court has ordered a Penn Hills woman to undergo a psychiatric examination after child welfare caseworkers brought legal action, saying the woman has not disclosed the location of her missing twins for more than 10 years. Child welfare representatives filed charges saying that Patricia Fowler, 47, had endangered her children and had obstructed all efforts by the agency to find and determine the well-being of the twins, now 17. Police say they don’t suspect foul play, as there’s no evidence of such, but cannot rule it out.

Police say that Fowler has given them differing stories about the whereabouts of the children, none of which have led to their discovery. Investigators are treating the case as a missing persons operation, and have been pursuing leads for about two months.

Last week, police arrested Fowler’s 18-year-old son after he admitted to posing as one of the missing twins. Authorities say Datwon Fowler posted a message on Facebook using the name of Ivon D. Fowler, one of the missing children, with a phone number where Ivon could be contacted. When police called the number, it went directly to voice mail, but police followed up with a text message. They say that they then received a return text in which the sender claimed to be Ivon, but refused to talk to law enforcement authorities. Police then tracked the location of the phone and found that it was in the Fowler home. They found Datwon there, along with the phone.

The initial investigation did not involve the twins, according to child welfare workers. They went to the Fowler home in late June to take her four children into emergency custody and discovered that she had six children, not four. Thus far, they have no meaningful leads regarding the location of the twins.

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.

Jul 15

Choosing Where You Live after Divorce because of Your Children

house

When you are involved in a divorce and there are minor children, one of your worst fears, as a non-custodial parent, is that your relationship with your children will suffer. Even if your relationship with your ex is strong, or he/she encourages access, you may choose to stay close, so that your kids have regular and meaningful contact. The question, though, can be “just how close?”

Take, for example, the arrangement a couple in Brooklyn worked out. They had a three-unit brownstone and decided to keep the apartment, with one parent living in the garden apartment, the other on the top floor, and a tenant in between. Both parents and children acknowledged that it was initially a difficult arrangement, as the adults struggled to maintain some level of privacy. Ultimately, though, they’ve found that it works very well. The kids love that their stuff is close by, regardless of where they are. The parents appreciate that they don’t have to pack a suitcase and drop kids off somewhere, or worry about when they will be picked up. They also find it convenient when one of the parents has a work emergency or other unanticipated event.

Another approach that has been tried with mixed success is the concept of “bird-nesting,” where the children live in the same home and the parents alternate visits with the children. Many who have tried it find that it presents a lot of the problems associated with dropping off and picking up children—things get forgotten, times get mixed up, etc.

A compromise that has worked for many parents is locating within a few blocks or a couple miles of each other, allowing children to walk between the homes, or making a trip to pick up or drop off less of a burden on everyone.

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.

May 02

The Legal Process for Relocation with a Minor Child in Pennsylvania

Process for Relocation with a Minor

In another blog, we talked about the restrictions under Pennsylvania on a parent’s right to relocate with a minor child—you must have the approval of the non-custodial spouse, as well as the approval of the court. The process for obtaining this approval is pretty clear cut in Pennsylvania. This blogs lays out the requirements.

Notice to the Non-Custodial Spouse

At least 60 days before you plan to move, you must notify the non-custodial parent of your proposed move. This notice must be sent by both regular and certified mail, and must include:

  • An address and phone number for the new residence
  • The names of anyone who will reside at the new home
  • The name of the school, as well as the school district, where the minor children will attend
  • The date of the relocation
  • Your reasons for relocating
  • A proposed custody and visitation schedule for after the move

In addition, you must provide the non-custodial parent with an affidavit for the other spouse to fill in, allowing them to agree or object to the move and/or the proposed custody arrangement. Your ex must also be advised that they have 30 days to respond to object to anything in your notice.

As the objecting spouse, you must complete and file the affidavit within the specified time (30 days of the receipt of notice of intent to relocate) and you must give the custodial parent a copy of your affidavit objecting to the move.

If an objection is filed, the court must schedule a hearing. The parent seeking to relocate has the burden to establish that the relocation will be in the best interests of the child. The objecting parent can also introduce evidence to challenge that assertion.

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.

Apr 20

Relocating with a Minor Child—Pennsylvania Law

Relocating with a Minor Child

In the aftermath of a divorce, there may be many reasons you want to relocate—a new job, closer proximity to family or friends, or just to start over with a change of scenery. But if there are minor children and you have physical custody, you need to be very careful when considering such a move.

Under Pennsylvania law, you must obtain court approval before you can relocate outside of the state, and even if you relocate inside Pennsylvania, if the distance between your new residence and the non-custodial parent would “significantly impair” that parent’s ability have meaningful access or custodial time with the child. You must also have the approval of the non-custodial spouse or any party with custodial rights to the child.

So what does it mean to “significantly impair” a non-custodial parent’s rights? The first assessment the court will typically make is the extent to which the move would change both the amount of time the non-custodial parent would have with the child, and the ease with which the non-custodial parent would have access to visitation. It’s important to understand that the Pennsylvania child custody laws do not establish any specific distance as a relocation—a move within the same county may (though rarely is) be found to constitute relocation. Conversely, under the right circumstances, a move of a few hundred miles may not qualify as relocation.

It’s also important to understand that these provisions apply whether or not there is a custody order in place. While a parent’s right to take a child out of the state is not as limited, in the absence of a custody order, a parent cannot relocate with a minor child in the absence of court approval and the approval of the other parent, even if no divorce proceeding has been filed.

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.

Mar 28

Does a Non-Custodial Parent Have to Pay for a Child’s College Education in PA?

Child's College Education

If your marriage ends and there are minor children, you expect that, as a non-custodial parent, you’ll be required to pay some level of child support, so that you actively participate in the financial responsibility of raising the child. But what if your child decides to go to college? Is paying your share of your child’s college education costs part of raising the child? Can the court order you to cover some of those expenses as part of a divorce decree?

The laws governing a parent’s duty to pay for child’s college education are somewhat confusing in Pennsylvania. As a part of your divorce decree, you can always mutually agree to share the costs. Such an agreement will generally be enforceable in a court of law, unless there’s evidence of coercion, undue influence or misrepresentation.

In the absence of an agreement, the law currently does not grant courts the authority to mandate payment of college education costs in divorce proceedings. The Pennsylvania courts did hold, back in the 1960s, that parents could be required to provide support to adult children who were in college. That rule remained in place for thirty years, until the state’s Supreme Court concluded that there was not statutory authority allowing the court’s to make such a determination.

In 1993, in response that court decision, the Pennsylvania legislature passed a law that specifically granted trial courts the power to order payment of college education expenses when parents are divorced or separated. That statute was subsequently challenged and found to be unconstitutional, as it denied parents of divorce the equal protection of the law.

The law remains on the books, though its application has been declared unconstitutional. Accordingly, as a practical matter, the obligation to pay child support in Pennsylvania ends when the child becomes 18 or until the child graduates from high school, whichever is later.

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.