Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Pennsylvania family law attorney

Jul 12, 2012

Child Parenting Time (Visitation) Guidelines

The intent of child parenting time is to ensure that both parents may play a significant role in their child’s life. While being a parent is not easy and all parents make mistakes, it is in your child’s best interests to have a good and loving relationship with each parent.

In developing a child parenting (visitation) plan, the following guidelines may be helpful:

• Maintain regular contact between the child and both parents.

• Parents should refrain from physically or verbally attacking the other parent in the presence of their children.

• The custodial parent should ensure the children are prepared for the visitation and available at the mutually agreed-upon time. And the noncustodial parent should return the child at the agreed-upon time.

• Visitation should be allowed outside the child’s primary residence, such as the noncustodial parent’s home or an agreed-upon outing location.

• Parents should refrain from involving romantic partners in their child visitation time. This time is meant to be shared with child and parent, and involving third parties can be confusing and dilute the quality of parenting time.

• Time spent with the noncustodial parent should be as frequent as is practical. Schedules should be flexible enough to allow for changes when necessary, and the other parent should be informed of schedule changes as soon as possible.

• Any schedule established should be adjusted to reflect your child’s age, health and interests as he or she grows.

• Each parent should encourage a good relationship between the child and the other parent, regardless of his or her personal opinion of the ex-spouse.

• Never use your children as bargaining chips, spies or go-betweens with the other parent. The purpose of parenting time is to spend time with your child.

• Both parents should resolve to reach agreement in decisions about their children, especially concerning discipline. And disagreements should never be discussed in your child’s presence.

Talk to a Pennsylvania family law attorney today

Visitation issues can be difficult, but an experienced Pennsylvania family law attorney can help you navigate the process. Contact us online or call (215) 886-1266 to discuss your child parenting matter.

Jun 28, 2012

Child Parenting Time (Visitation) Agreements

Pennsylvania family law attorneys are often asked what type of child parenting time schedule could be awarded in a particular client’s circumstances. While each family’s situation is unique, a typical child parenting schedule may include the following:

• Supervised visits. In cases where endangerment is an issue, visits are typically restricted to supervised visits of a few hours per week.

• Every other weekend. This would be typical as a bare minimum visitation for involved noncustodial parents, and may be most workable for parents who do not live in close proximity but close enough to work out alternate weekends.

• Every other weekend and one weekday evening. This is a common visitation arrangement for couples living in close proximity, with the children returning to the primary residence on the weeknight.

• Every other weekend and one overnight weeknight. This is also a popular visitation arrangement in which the weeknight visit extends overnight.

• Every other weekend and two weekday evenings per week. This visitation arrangement may be more appropriate for older children who require less intensive care and have later bedtime schedules.

• Every other weekend and two overnight weeknights. This type of visitation schedule is more likely when a joint physical custody arrangement exists.

• Week on, week off. This is the clearest example of equal time — however, many parents do not like a full week without seeing their children.

• Six days and one (overnight). This is similar to a week on, week off arrangement, except that the alternating parent has a day midweek.

• Six days and one (evening). This is the same as above except the midweek day has no overnight stay.

• Two-two-three-three. This schedule rotates Monday/Tuesday, then Wednesday/Thursday, then Friday, Saturday, Sunday and then repeats.

• Two-two-five-five. This schedule gives every Monday/Tuesday to one parent and every Wednesday/Thursday to the other parent, and then weeks are rotated.

Contact a Pennsylvania family law attorney today

An experienced family law attorney can help you determine the type of visitation schedule that is most suited to your family’s needs. Contact us online or call (215) 886-1266 to discuss your child parenting time agreement.

May 31, 2012

The Collaborative Divorce Process in Pennsylvania

Collaborative divorce is an alternative to litigated divorces that resolves your issues through cooperation with your ex-spouse — and takes places entirely outside the courtroom. The collaborative divorce process forms a team of the spouses, their attorneys and other professionals to address the unique needs of your family. The cooperative dynamic of collaborative divorce gives you a better chance for a positive outcome than litigation, in which a judge ultimately decides the issues for you.

The collaborative divorce process offers many advantages over litigation because it:

• Creates an atmosphere for civil negotiation and cooperation
• Involves other professionals to address more than just legal concerns
• Develops a financial plan to address future concerns
• Addresses each spouse’s emotional concerns
• Develops co-parenting plans for divorces involving children

The collaborative divorce process is based upon the spirit of cooperation. In fact, the first action in a collaborative divorce is a commitment by both parties and their attorneys not to involve the court in the process. This commitment is fundamental to the process and key in creating the cooperative atmosphere necessary to make collaborative divorce successful. Collaborative divorce is different than mediated divorce, in which a neutral mediator helps to resolve your issues. In the collaborative divorce process, the parties, though working cooperatively to achieve a negotiated settlement, are not neutral. Each party’s collaborative divorce attorney provides their client with independent legal advice regarding any proposed agreements. Should you or your ex-spouse opt to go to court, however, the process ends and both attorneys must withdraw.

Talk to a Pennsylvania collaborative divorce attorney today

Collaborative divorce has increased in popularity because it is a non-litigated approach to divorce aimed toward resolution for both parties. To learn more about the collaborative divorce process contact us online or call (215) 886-1266 to schedule a consultation.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.

Apr 19, 2012

The Divorce Process in Pennsylvania and What to Expect

In order to file for divorce in Pennsylvania, one of the parties must be a resident of the state for at least six months. Either party can obtain a divorce by claiming that the marriage is irretrievably broken, and both spouses must consent to the divorce in sworn affidavits or must have been separated for two years.

Like any legal proceeding, the divorce process has specific steps that must be taken as follows:

  • Filing the divorce petition. The divorce process begins when one spouse files a divorce petition, and this step also includes serving the petition on your spouse.
  • Response. After the divorce petition is served, your spouse may respond to the complaint.
  • Discovery. During the discovery stage, the parties exchange documents and information relative to assets and income. Discovery may also include depositions and/or interrogatories.
  • Temporary orders. If either spouse wants the court to make temporary orders while the divorce is pending, they may file with the court. Temporary orders often include support, child and property issues.
  • Settlement/mediation. The court may order mediation in order to settle as many matters as possible before trial. Divorcing spouses are free to participate in voluntary mediation to resolve issues and thereby avoid litigating the issues in court. If the spouses are able to settle all issues, a Marital Settlement Agreement can be drafted and filed with the court.
  • Litigation. If an agreement cannot be reached or certain issues cannot be settled, the parties proceed to court. After evidence and arguments are presented, the judge has the final say on any contested issues. Once all matters have been adjudicated, a judgment is prepared and entered by the court.

An experienced Pennsylvania divorce attorney can provide advice and discuss the options in your circumstances. Contact us online or call (215) 886-1266 to schedule a consultation today and discuss your divorce needs.