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divorce child custody pa

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.

Jun 14, 2012

Divorce Mediation in Pennsylvania

Divorce can easily become a lose-lose proposition, and often everyone involved ends up emotionally scarred — particularly in heavily litigated divorces. However, divorce mediation offers an alternative to bitter court battles and may make your divorce less stressful. Even in cases where the ex-spouses feel animosity toward one another, an experienced Pennsylvania divorce mediator can help resolve situations that at first seem impossible.

What is divorce mediation?

Mediation is a process in which a neutral third party helps you resolve disputes relative to your divorce. The goal of divorce mediation is to help the spouses reach agreements on all or some of their disputes. Divorce mediation is successful because it is based on the following principles:

• Communication
• Fairness
• Flexibility
• Negotiation
• Problem solving
• Privacy and confidentiality

The family court often encourages divorcing couples to try divorce mediation before bringing issues to court. Successful divorce mediation can resolve numerous issues including:

• Spousal/child support
• Child custody/visitation
• Property/debt division

Divorce litigation can drain your finances and your emotional fortitude — especially in divorces involving embittered child custody issues and/or large marital assets that can drag on in court for years. And even once the divorce is over, you can still suffer from the financial and emotional fallout.

In a divorce you have a choice — you can either battle over every issue in court, expending time, money and energy, or you can try mediation. A mediated divorce can offer many benefits, including:

• Reduced legal and court costs
• Quicker problem resolution
• Increased control of problem resolution
• Equal airing of grievances
• Cooperation between spouses
• Co-parenting solutions
• Family issues decided by you rather than the judge

A Pennsylvania mediator can help

A contentious divorce can have devastating effects on you and your family. To discuss how a divorce mediator can help you navigate your divorce, contact us online or call (215) 886-1266 to schedule a consultation.

Feb 14, 2012

Types of Child Custody in Pennsylvania

One of the most difficult issues of a divorce is child custody. Who gets custody of the minor children, visitation and determining parenting time can be difficult even under ideal conditions. However, custody issues can usually be revisited as circumstances change, and an experienced Pennsylvania family law attorney can help you obtain custody modifications when appropriate.

The types of child custody in Pennsylvania are as follows:

• Temporary custody (de facto). This is different from court-ordered custody and refers to who has custody of the child currently. If you want to maintain custody during litigation you must file a request for temporary custody with the court.

• Sole custody. Sole custody is when one parent is given both legal and physical custody of the child and the child has only one primary residence. Legal custody is the right to make decisions for your child concerning education, religious upbringing, discipline, medical care and other significant matters concerning your child’s welfare. Physical custody means your child lives primarily with you and you make the decisions about your child’s day-to-day needs.

• Split custody. Split custody refers to a case in which there are two children and each parent has full physical custody of one of the children.

• Joint custody. Under joint custody you could have joint legal custody, when both parents share the control and care of the child but that child has one primary residence; shared physical custody, when your child has two residences and spends at least 35 percent of his or her time with the other parent; or you can work out a customized joint custody agreement with your ex-spouse that is a combination of shared physical and joint legal custody.

Get your child custody questions answered

At the core of child custody issues are your child’s best interests. To talk to a caring and compassionate family law attorney, contact us online or call (215) 886-1266 to discuss your child custody matter.

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