Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

divorce child custody

Dec 26, 2024

Paternity Testing During a Divorce

Divorce is often a complex and emotionally charged process. When questions about paternity arise, it can further complicate matters. Paternity testing during a divorce is not just about establishing biological ties—it can significantly impact child custody, child support, and the legal process. Understanding the role of paternity testing and how it fits into a divorce case is crucial for making informed decisions.

At the Law Office of Joanne E. Kleiner, we have over 35 years of experience guiding families through sensitive legal issues. Here’s what you need to know about paternity testing during a divorce.

What Is Paternity Testing?

Paternity testing uses DNA analysis to determine the biological father of a child. The test compares the DNA of the child with the alleged father to confirm or deny a biological connection. Paternity tests are highly accurate, with results typically exceeding 99% accuracy when confirming a match.

Paternity questions may arise during a divorce for various reasons, including:

  • Suspicions of infidelity
  • A spouse disputing biological parentage
  • Clarification needed for legal obligations like child support

In Pennsylvania, paternity disputes can significantly influence custody and financial responsibilities.

When Is Paternity Testing Relevant During Divorce?

Paternity testing becomes relevant when the father’s biological relationship to the child is in question. In most cases, Pennsylvania law assumes that a child born during a marriage is the biological child of the husband. This assumption, known as the “presumption of paternity,” can be challenged if there are doubts about biological ties.

Situations where paternity testing may be requested include:

  • Child Custody Disputes: A parent may question paternity to avoid custody obligations.
  • Child Support Cases: Establishing paternity is necessary before assigning financial responsibilities.
  • Inheritance Rights: Paternity can impact future inheritance claims.

The Legal Process for Paternity Testing

In Pennsylvania, paternity testing during a divorce typically involves a court-ordered process. A party—either the mother, the alleged father, or another interested party—may petition the court for a paternity test.

Steps in the process include:

  1. Filing a Petition: A request is submitted to the court to order a paternity test.
  2. Court Approval: The court evaluates whether the test is warranted.
  3. Testing: DNA samples are collected from the child and the alleged father.
  4. Results: Test results are submitted to the court and can be used as evidence.

The court uses these results to make decisions about custody, support, and other related issues.

Implications of Paternity Test Results

Paternity test results can significantly impact a divorce case. Here’s how:

  • Child Custody: If paternity is established, the father may seek custody or visitation rights. Conversely, if paternity is disproven, the alleged father may be excluded from custody arrangements.
  • Child Support: Biological fathers are financially responsible for their children. If paternity is established, the court can enforce child support obligations. However, if paternity is disproven, financial responsibilities may shift.
  • Emotional Impact: Beyond legal implications, paternity results can deeply affect family dynamics. Children and parents may face emotional challenges following the revelation of biological relationships.

Protecting the Child’s Best Interests

In any divorce involving children, Pennsylvania courts prioritize the child’s best interests. While paternity testing helps clarify biological ties, it’s important to consider the emotional and developmental needs of the child.

For example:

  • Courts may still allow a non-biological father to maintain visitation if they have acted as a parent figure.
  • Sudden changes in parental relationships can disrupt a child’s sense of stability.

The Law Office of Joanne E. Kleiner works with parents to navigate these challenges with sensitivity and care.

Alternatives to Litigation

Not all paternity disputes need to end up in court. Mediation and collaborative divorce offer alternatives that can reduce conflict and stress.

Mediation involves working with a neutral third party to resolve disagreements, including those related to paternity. This approach encourages open communication and focuses on finding solutions that work for everyone involved.

Collaborative Divorce allows both parties to work with legal professionals to settle disputes outside of court. This method is especially beneficial when addressing sensitive issues like paternity, as it prioritizes cooperation and confidentiality.

Avoiding Common Misconceptions

Many people have misconceptions about paternity testing during a divorce. Here are a few to consider:

  • Paternity Tests Are Not Automatic: Tests are only conducted if paternity is disputed or legally necessary.
  • Emotional Satisfaction Isn’t Guaranteed: A court will not assign blame or validate feelings of betrayal. The focus remains on resolving legal issues.
  • Paternity Results Can’t Be Used for Revenge: Courts prioritize the child’s welfare, not personal grievances between spouses.

Understanding these points can help manage expectations during the legal process.

Why Legal Guidance Is Essential

Paternity testing during a divorce involves legal, emotional, and financial complexities. An experienced family law attorney can help you navigate these challenges while protecting your rights and interests.

At the Law Office of Joanne E. Kleiner, we provide personalized support for every client. Whether you need to request a paternity test or understand its implications for your case, our team is here to guide you.

Final Thoughts

Paternity testing can play a pivotal role in divorce cases involving children. It impacts custody, child support, and the overall legal process. By understanding the role of paternity testing and seeking experienced legal guidance, you can navigate this complex issue with confidence.

If you’re facing questions about paternity during your divorce, contact the Law Office of Joanne E. Kleiner. With over 35 years of experience, we can help you make informed decisions that protect your family’s future. Call us today at 215-886-1266 to schedule a consultation.

Feb 15, 2023

The Effect of a Gray Divorce on Your Older Children

How Does Gray Divorce Affect Adult Children?

A “gray divorce,” also known as a “silver split” or “late-life divorce,” is a term used to describe when couples who are at or over 50 years old end their marriage. While this type of split was once a rare occurrence, it has become increasingly common over the last few decades. Consequently, the number of adult children whose parents are getting divorced is also increasing.

The effects of divorce on young children are well-known, but few consider the effects of a gray divorce on older children. Although adult children may not experience the same level of distress as younger children, divorce lawyers know from experience that children can still be negatively impacted by their parents’ separation long after they’ve become adults.

It Can Alter Their Views of the Past

Many adult children of gray divorces look back on their childhood and adolescence in a new light. While they may have previously believed their family was a happy one, the news of the divorce can cause them to re-evaluate their memories. Any positive memories of their family may become clouded with uncertainty and regret.

To help adult children with this, parents should try to preserve good memories. Go through old photos and videos together and reminisce about the good times. It can be comforting for adult children to know that their parents were once happy, even if things didn’t work out in the end.

They Might Feel Blindsided

Because adult children of gray divorce are often out of the house and don’t experience the same level of direct contact with their parents’ divorce proceedings, they may feel as though they have been excluded from an important part of their familial narrative. Feelings of anger may arise if they weren’t informed earlier or included in the decision-making process.

If possible, parents should talk with their adult children early on in the divorce proceedings. Explain the reasons for the split and allow them to provide input. They might not be able to change the outcome, but encouraging them to share their thoughts can help them feel heard and respected.

Relationship Anxiety May Increase

Adult children of gray divorces may also be more likely to develop commitment issues. Many are already married when their parents get divorced, and their feelings about their own marriage can be tainted by the news. They may have entered their marriage with their parents’ marriage as a model, and the news of their parents’ divorce can cause them to doubt their own relationship.

Parents can help their adult children cope with this feeling of relationship anxiety by reassuring them that all relationships are different. The divorce can serve as an example of what not to do and be a conversation starter on how to create a healthy, lasting marriage.

They May Have Financial Concerns

Gray divorces often come with a host of financial complexities as they may have amassed more assets throughout their marriage than younger couples. This can create a great deal of stress for adult children as they may feel an obligation to step in and help their parents financially.

Adult children may also worry about logistical issues such as wills, estates, and trusts. Parents should try to alleviate any money worries their children might have by showing them their financial plans and walking them through what will happen to their assets in the event of death or incapacitation after the divorce is finalized.

Overall, adult children are likely to approach their parents’ split differently than younger children. Understanding the unique factors that come with adult children of gray divorce can help parents best support their adult children during and after the process.

If you’re going through a gray divorce, reach out to your adult children and start the conversation; they may surprise you with their resilience and understanding. Then, contact a Pennsylvania divorce lawyer for reliable legal advice and support. With a trusted legal partner on your side, you can leave the details of your divorce to the professionals and focus on healing with your family. Call the Law Office of Joanne Kleiner at (215) 886-1266 to schedule a consultation today.

Feb 15

What You Need to Know About Divorce With Adultery in Pennsylvania

How Does Adultery Affect a Divorce in Pennsylvania?

Most marriages don’t survive after adultery, with more than 66% of unions resulting in divorce. If adultery has taken place in your marriage, there are several important things to know about how it’s going to impact your divorce.

Divorce With Adultery Affects Alimony

The spouse who has committed adultery usually isn’t eligible for alimony in Pennsylvania. Many people think of alimony as given to the woman, but it’s actually given to the earner with the lower income.

However, in Pennsylvania, alimony isn’t automatically given to the person of lower income. The court considers a wide range of factors before deciding whether or not a person must pay alimony to their former spouse. These factors include:

  • Misconduct during the marriage
  • Length of the marriage
  • Financial needs
  • Assets and liabilities
  • Education
  • All sources of income
  • Earning potential
  • Potential inheritance
  • Health
  • Age

The court examines these factors of both spouses, not just one side.

Alimony in Pennsylvania doesn’t last forever. When the person receiving alimony improves his or her financial situation, the court may end payments. Sometimes, the court will rule that alimony must be paid for a certain period of time. In Pennsylvania, alimony isn’t necessarily paid monthly. Instead, the court may put you on an annual payment basis.

Pennsylvania courts have the right to modify or end alimony based on the changing financial circumstances of both parties.

If you’ve committed adultery and your spouse hasn’t, you’ll be more likely to have to pay alimony because adultery falls under misconduct.

How Adultery Affects Child Custody and Visitation

If a spouse’s infidelity has negatively impacted the children, then this can affect child custody and visitation rights. Without proof that a spouse’s adultery has negatively impacted the children, the adultery usually doesn’t influence a court’s decision on child custody and visitation.

Our Jenkintown family lawyer can help you protect your rights if you’re struggling to come to an agreement with your spouse on child custody and visitation. The Law Office of Joanne Kleiner has experience handling numerous aspects of divorce in Pennsylvania.

Adultery Is Sometimes Not Considered Cause for Divorce

If you forgave your spouse after their adultery, then Pennsylvania law likely won’t recognize it as the cause behind your divorce. You must prove adultery caused the divorce.

Another situation in which the state won’t acknowledge adultery as the cause for divorce is when both spouses cheated. However, alimony can still be given to the spouse with a lower income if both of you committed adultery.

Your spouse having an affair with another isn’t adultery if you consented to it or you received a benefit from it. An example of receiving a benefit from your spouse’s affair with another is knowingly spending money that was obtained from prostitution.

Be aware that your spouse may claim to have been insane when they committed adultery in order to still be eligible for alimony. If it turns out the spouse who committed adultery was actually insane at the time they cheated, then the court may allow them to receive alimony from the divorce as long as they can prove a financial need.

You Can’t Sue Someone for Adultery in Pennsylvania

People who commit adultery in Pennsylvania can no longer be prosecuted for it. However, a spouse can still be considered at fault for a divorce because of their infidelity. The court may give the adulterer a smaller portion of the property as a result of their infidelity.

How Do You Prove Adultery in a Divorce?

You must provide proof of adultery if you claim your spouse isn’t eligible for alimony because of adultery. Hold onto anything you can use as evidence your spouse cheated. Items you can use as evidence include hotel receipts, photos, videos, phone records, text messages, and emails. The proof you collect doesn’t need to be of sexual intercourse. Our Jenkintown family lawyer can further advise you on how to prove adultery in divorce in Pennsylvania.

Whether you’re the one who committed adultery, your spouse committed adultery, or both of you cheated, you should consult with a divorce lawyer to ensure your rights are protected. There are aspects of Pennsylvania divorce law that you may be unaware of, and you don’t want to be taken by surprise. Contact the Law Office of Joanne Kleiner at (215) 886-1266 today for advice on divorce, assistance with mediation, or representation in court in Jenkintown.

Jul 01

How Child Support is Calculated in Pennsylvania

How Child Support

If you have filed for divorce or have been served with a divorce complaint and there are minor children in the home, one of your first questions will involve child support. Under what circumstances will the court order the payment of child support, who will be required to pay, and how is child support calculated?

Who Pays Child Support?

In Pennsylvania, the parent of a child can request an order of support, whether or not a divorce complaint has been filed, and whether or not the parents were ever married. The support order typically follows on the heels of a custody order. If the court grants physical custody to one of the parents, that parent becomes entitled to support payments. In situations where the parents are not married, the court may require a paternity test before ordering support. It’s important to understand that you can be ordered to pay support, even if you are unemployed, provided you are the non-custodial parent. In addition, it doesn’t matter if the custodial parent makes more money than the non-custodial parent. Child support is intended to ensure that both parents contribute to the financial needs of the child.

The Calculation of Child Support

Either or both parents may be ordered to pay child support, with the court considering the following factors when determining the amount of support:

  • The net income of each parent
  • The earning capacity of each parent
  • The assets of each parent
  • Any unusual needs of the parent or child
  • Any extraordinary expenses

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.

Mar 03

Determining Custody and Visitation in Pennsylvania

Determining Custody

When you are involved in a family law dispute, whether it’s the breakup of a marriage or a long-term relationship, and there are minor children involved, you’ll have to make difficult decisions about where your children will spend most of their time—who will be the custodial parent—and how visitation will work—when they will see the non-custodial parent. You can typically work out an arrangement, but the court will likely review it to ensure it’s in the best interests of your children. If you can’t come to agreement, the court may need to get involved.

The first thing to understand is that there are technically two types of custody: physical custody and legal custody. Physical custody refers to where the children actually live when they are not on visitation, where they spend most of their time. Legal custody refers to decisions about the child’s well-being, such as education, medical needs and religious training. The courts encourage both parents to be involved with legal custody, in an arrangement known as joint legal custody. With respect to physical custody, though, the arrangement can take a variety of forms, but ultimately must give priority to the best interests of the children.

Factors the Court Will Consider in Custody and Visitation Proceedings

When assessing how custody and visitation should work, the courts will consider a couple factors:

  • The likelihood that each parent will encourage and foster continuing and frequent contact between the child and the other parent
  • Any evidence of domestic violence or abuse

If there’s evidence of domestic violence or abuse, involving either a spouse or a child, the court can either deny visitation altogether or order supervised visitation only.

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.