Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

child custody

Feb 10

Fighting Parental Alienation in Pennsylvania

Fighting Parental Alienation

In the aftermath of a divorce, when emotions are still raw, you can have an overwhelming desire to punish your ex-spouse. Often, unfortunately, that can take the form of disparaging your spouse in front of your children or taking actions designed to minimize or alienate your child’s affections for the other parent. It frequently works, causing the child to resist visitation. Even when it doesn’t work, it can have a devastating impact on children, who feel caught in the middle.

Ways to Protect Yourself from Alienation of Parental Affection

One of the first ways to protect yourself from parental alienation is to ensure that you get joint or shared legal custody as part of the divorce decree. Legal custody refers to decision-making about the important aspects of your child’s life, such as discipline, education, health and religious training. Joint legal custody ensures that one parent doesn’t make all those decisions to the detriment of the other parent.

If you have joint legal custody, but your ex-spouse either refuses to recognize it or engages in behavior that is contrary to the court order, you can ask the court to find your ex-spouse in contempt. The signed divorce decree is a court order with the force of law and the violation of that order can result in sanctions from the court, including fines and even jail time.

Another way to try to prevent parental alienation by your ex is through a protective order. Typically, protective orders are put in place to address instances of domestic violence or abuse, but the court has the discretion to either issue an order that specifically addresses parental alienation or include provisions prohibiting that behavior in any other protective order. Violation of a protective order is generally considered contempt of court and can result in fines and/or incarceration.

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.

Jan 19

Protecting Your Rights as a Father in a Divorce Proceeding

custody of minor children

According to national statistics, less than one in five fathers is granted custody of minor children in a divorce proceeding. That may seem to be strong evidence of a bias in the courts toward mothers, but it’s more often based on a number of other factors.

Was the Mother the Primary Caregiver?

In determining who will have physical custody, the courts always give maximum weight to the “best interests of the child.” One of the first questions the court will ask is “which parent was the primary caregiver?” Courts seek to promote emotional stability for minor children and generally believe that children will best thrive when they have continuity in parenting. So, if the mother spent the most time with the child on a day-to-day basis, was the one who instilled discipline and values, and met the child’s needs, the court will want to perpetuate that relationship.

If you are a father who’s not been very involved in your child’s life, it’s not too late to start. It’s unlikely that you’ll be granted custody, but you may be able to get improved visitation rights. In addition, you’ll be better able to care for your children when they are with you.

Who Stayed with the Children?

Often, a grant of custody to the mother is simply a legal recognition that, as a part of the divorce proceeding, the mother stayed in the marital home with the children and the father left. Unfortunately, this often happens before the court orders either of the parties to leave the marital home. The reality is that, though it may be difficult to stay under the same roof with your soon-to-be ex-spouse, there’s no legal requirement that you leave until there’s a court order requiring you to do so. Furthermore, if you leave the marital home, it will be difficult for you to have the same bond with your children as their mother does, since she is with them almost all the time.

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.

Jul 18

Landmark Judge Verdict – Women Can Keep the Father From Being Present in the Delivery Room

Empty hospital hallwayA New Jersey judge made a landmark decision in March, stating that a woman could prevent the biological father of a child from being in the delivery room at the time of that child’s birth.

The case in question relates to a couple, who became engaged after the woman became pregnant, but broke up later, prior the baby’s birth. The ex-fiancé sued to be present for the birth of his child.

In an unusual twist, the case was heard over the telephone as the woman in question was at the hospital about to give birth. The judge ruled that having the biological father present would cause “unwarranted strain” on the mother.

NPR’s Jennifer Ludden reported that Superior Court Judge Sohail Mohammed “cited a patient’s right to privacy and a pregnant woman’s right to control her body.” The judge based his decision on another landmark case: Roe V. Wade; and Planned Parenthood v. Casey, which essentially established a woman’s right to have an abortion.

Father’s Rights Violation?

In fact, the Judge elaborated further, and said that women are not even obliged to tell the father when they go into labor. Father’s rights groups disagree, calling the ruling discriminatory. This ruling is in place only for biological fathers who are not married to the mother in New Jersey. More than 40% of all births are outside of marriage in the U.S.

Jeff Golden of Fathers & Children’s Equality said, “It’s a sad day for fathers, and for father’s and men’s rights.” Mr. Golden is concerned that this type of ruling will pave the way for some fathers to be nothing more than “visitors and pay checks” to their own children.

Contact Joanne E. Kleiner & Associates

Our founder and lead family law attorney Joanne Kleiner has more than 25 years of experience guiding men and women throughout southwestern Pennsylvania, including Montgomery, Bucks and Philadelphia Counties, through the family law courts and the divorce process. She has handled hundreds of cases, and the chances are excellent that she has handled a situation similar to your own.

Ms. Kleiner’s extensive background means she can provide you with accurate information and advice based on experience, so you can make informed decisions about matters that will affect your and your children’s future.

Contact us today to schedule a confidential consultation by calling our Jenkintown, Pennsylvania office location at 215-886-1266, or fill out our online intake form. Your future is too important to trust to a less experienced lawyer.

Jun 26

DOES MARITAL STATUS INFLUENCE CHILD CUSTODY?

Small child with teddy bearThe laws governing child custody in New Jersey are convoluted, to say the least. One facet tipping the scale during a custody battle can be the parents’ marital statuses. Believe it or not, even in these modern times, one or both parents’ marital statuses can and does have an affect on the outcome of a custody dispute. Ensuring that both the parents, and children involved in these cases, receive equal treatment is crucial.

Child custody lawyer Joanne Kleiner personally handles each case, and has extensive experience in all family law and divorce matters. To discuss your matter in confidence, please call 215-886-1266. You can also fill out our online intake form.

Joanne E. Kleiner has represented people in child custody cases for over two decades. She has the experience to represent you, regardless of marital status. She can represent any parent, whether you are in a domestic partnership, unmarried, in a short-term marriage, a long-term marriage, a long-standing, unmarried relationship, or a parent who has remarried.

OTHER CHILD CUSTODY FACTORS

Although marital status can have an impact, the courts are mainly concerned with the interests of the child or children in any custody case. Some aspects held in high consideration include:

  • Who will provide the most stable home environment for the child/children
  • The child (or children) and parent relationship
  • Both parent’s ability to provide for the child (or children)
  • Any past criminal or substance issues for the parent(s)

CONTACT FAMILY LAW AND DIVORCE ATTORNEY JOANNE KLEINER

Call Joanne E. Kleiner & Associates today at 215-886-1266. For additional information about our qualities and qualifications, please visit our Benefits of Retaining Joanne. K. Kleiner & Associates page.

Jun 05

Children’s – AND Parent’s – Rights

Dad and sone readingBoth children – and parents – have rights within family law proceedings.

Children’s Rights

  • A CHILD has the right to love each parent without being subjected to the other parent’s hurt or anger.
  • A CHILD has the right to develop an independent and meaningful relationship with each parent and to enjoy the uniqueness of each parent and each home.
  • A CHILD has the right to be free from involvement in parents’ personal battles, including being used as a spy, messenger or bargaining chip.
  • A CHILD has the right to extended family relationships that include relationships with grandparents, aunts, uncles, cousins and others, and to appreciate the unique differences of each side of his or her family without having these differences referred to as “better” or “worse.”
  • A CHILD has the right to be free from questions about the other parent’s private life.
  • A CHILD has the right to see his or her parents treat each other in a courteous and respectful manner.
  • A CHILD has the right to develop and maintain activities and friends without fear of losing time with a parent.
  • A CHILD has the right to be a CHILD without having to assume adult and/or parental roles or duties.

Parents’ Rights

  • A PARENT has the right to love and nurture one’s child without harassment from the other parent.
  • A PARENT has the right to respect and courtesy and has the obligation to show respect and courtesy.
  • A PARENT has the right to attend and participate in a child’s special activities.
  • A PARENT has the right to information regarding a child’s physical, mental and emotional health.
  • A PARENT has the right during parenting time to follow one’s own standards, beliefs and style of child rearing without interference from the other parent.
  • A PARENT has the right to a separate and private life.

Contact Jenkintown Child Support and Family Law Attorney

Just because you are involved in a family law matter does not mean that you, nor your child, has to sacrifice your rights. To discuss your situation and learn your rights with an experienced family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266, or you can fill out our intake form and we will contact you.
We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas.