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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

child custody attorney

Jul 12, 2023

Choosing the Right Mediator for Your Amicable Divorce

When couples choose to pursue an amicable divorce, they often are able to significantly avoid stress and promote healthy resolutions. One crucial element in achieving a successful amicable divorce is finding the right mediator. Mediators are trained professionals tasked with helping couples navigate the divorce process by facilitating open communication, fostering compromise, and guiding them towards mutually beneficial agreements. 

In an amicable divorce, a mediator plays a vital role in guiding couples through the process by acting as a neutral third party, facilitating communication, and helping spouses find common ground. Mediators are trained professionals skilled in conflict resolution techniques, and they work to create an environment conducive to productive discussions. By understanding their unique approach, couples can make an informed decision about engaging a mediator for their amicable divorce.

Every divorce situation is unique, and couples should assess their specific needs and goals before choosing a mediator. Consider factors such as child custody arrangements, property division, financial agreements, and communication dynamics. Understanding your priorities and expectations will help you find a mediator who can address your specific concerns and guide you towards desired outcomes.

A mediator’s qualifications and experience are key factors in determining their suitability for your amicable divorce. Look for mediators with relevant training, certifications, and experience in handling amicable divorces and related family law matters. Consider their professional memberships and commitment to ethical standards to ensure they adhere to the established guidelines and best practices of an amicable divorce.

Woman sitting across from man with a laptop in a professional setting.

Familiarize yourself with the typical steps involved in the mediation process. From the initial meeting to the final agreement, mediators guide couples through discussions, helping them navigate issues such as child custody, asset division, and financial arrangements. Understand the importance of confidentiality, voluntary participation, and the mediator’s role in facilitating productive dialogue and finding common ground.

Choose a mediator who specializes in amicable divorces and cooperative dispute resolution. These individuals have specific expertise in preserving relationships, promoting healthy co-parenting, and facilitating mutually satisfactory resolutions.

Weigh all the factors discussed above, including qualifications, experience, compatibility, and cost, to make an informed decision. Trust your instincts and choose a mediator who aligns with your values, needs, and goals. Remember, selecting the right mediator is crucial for a successful amicable divorce, as they will guide you through the process and help you achieve a positive outcome.

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Dec 23

What’s the Difference Between Physical and Legal Custody?

Understanding How the Different Custody Types Work

If you are one of the 13.4 million families where the parents do not live together, it is important to have a clear custody arrangement. The right agreement ensures your child has the care they need. When discussing custody arrangements, it is important to keep in mind that physical and legal custody are actually two very different things.

What Is Physical Custody?

Physical custody is about who the child actually lives with. If a parent has physical custody, they have the right to have their child live with them at least some of the time. Physical custody can be divided in any manner of ways. Some parents split physical custody 50/50 while others may just have custody on weekends or at holidays. It is also possible for one parent to have sole physical custody. In these cases, the child lives entirely with one parent. However, the parent without physical custody may still have parenting time rights with their child.

What Is Legal Custody?

When talking to your divorce lawyer about custody, keep in mind that legal custody also exists. This is a type of custody that lets you have input in your child’s upbringings. Legal custody allows you to make decisions about things like:

  • Where your child goes to school
  • What medical care your child receives
  • What religion your child learns about
  • Whether your child goes to therapy

Legal custody is typically shared 50/50 or awarded to just one parent. However, in some cases of joint legal custody, a judge may decide one parent is the “tie breaker” who gets to make the decision when both parties do not agree. Typically, the tie-breaking parent is the one who is the main caregiver of the child.

Which Type of Custody Should You Seek?

Now that you know a bit about legal vs. physical custody, it’s helpful to learn a little about how these forms of custody are awarded in a divorce or separation. Who gets custody is determined based on the best interest of the child. When both parents are responsible, loving parents, the court usually prefers that both legal and physical custody are split. However, any separation can get complicated, so sharing physical and legal custody is not always an option.

Most parents instinctively want to seek sole physical custody because they want to spend as much time with their children as they can. Sole physical custody can provide a child with more stability and ensure they remain with their primary caregiver. It is often a good idea if the other parent is too busy for child care or does not adequately meet a child’s needs. However, joint custody can also be a good idea. If you and your co-parent both have good relationships with your child, spending time with both parents can meet your child’s emotional and social needs.

In most cases, courts prefer to maintain joint legal custody whenever possible. This allows both parents the opportunity to participate in their child’s upbringing. However, you will need sole legal custody if the other parent is abusive. It might also be a good idea to try for sole legal custody if the other parent is neglectful or does not spend time in the child’s day-to-day life. In some cases, legal custody is a matter of convenience. If a parent lives far away and does not communicate promptly, you might need sole custody to ensure your child’s needs are met promptly.

Finding your ideal division of physical and legal custody can take some time. Since the subject is so complex, it’s a good idea to get help from an experienced divorce lawyer. The Law Office of Joanne Kleiner has been assisting families in Montgomery, Bucks, and Philadelphia counties for over 25 years. We can mediate for an amicable separation, or our team is happy to fight for you in a contested custody case. Email us or call (215) 886-1266 in Jenkintown to set up your consultation.

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.

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.