Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

child custody

Jun 05

The Impact of a Custody Battle

custody visitation

Many parents who contest a court’s custody ruling, or who engage in long and protracted proceedings to establish custody and visitation arrangement will tell you that they are doing it “for the benefit of the children.” There are certainly instances where one parent must do whatever is necessary to ensure a safe outcome for children—if there’s domestic violence, alcohol or drug abuse, for example. In most cases, though, their actions are ultimately counterproductive, draining precious resources that could be better spent on the children or on improving their lives.

Here are the most frequent consequences of an unnecessary custody battle:

  • One or both parties spend money they can’t afford to spend—It may be money that would be used to buy clothes and food, to live in a better house, or to fund a child’s college education. Attorney’s fees can be substantial, even if the skirmish is short-lived.
  • The tension and conflict between the parties increases—When you are on opposite sides of an argument, it’s hard to find ways to agree…which is often in the best interests of your children. Not only will it have an impact on your health—medical professionals have long known that stress and anxiety are bad for you—but your kids will be well aware of what’s going on and will feel in the middle (or even to blame).
  • Co-parenting becomes difficult or impossible—Even if the issues you need to resolve involve only your children, it will be hard not to inject some of your dispute or animosity with your ex into the process. In the aftermath of divorce, your children need stability and consistency—a custody battle makes those objectives difficult to attain.
  • Your children will suffer—If you and your ex are taking side, your children will feel compelled to as well. They love both of you, so they’ll struggle to make both of you happy—an unattainable goal.

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 06

Important Terms to Know as You Prepare for Divorce

Prepare for Divorce

If you are considering or have filed for divorce, or if you anticipate being served with a divorce complaint, you’ll start hearing many terms with which you may not be familiar. Here are some legal terms that you should learn, so that you can meaningfully participate in the proceedings

Discovery

If your divorce is contested in any way—custody, visitation, child support or division of marital debts and assets—the court will most likely identify the length of the “discovery” period, and set some rules governing discovery. “Discovery” is simply the term that lawyers and judges use for gathering evidence. In the American judicial system, we have the concept of “open discovery.” That means that both sides are entitled to access to all evidence related to the case—one party cannot intentionally hide or fail to disclose relevant evidence. If that happens, there’s a significant chance that the court will rule the evidence to be inadmissible.

Equitable Distribution

Equitable distribution refers to a method for allocating the debts and assets of a marriage. For states that follow equitable distribution principles, property and liabilities are divided equitably, or “fairly.” It’s important to understand that “equitable” does not mean “equal.” The court may consider a wide range of factors. For example, in Pennsylvania, the court can examine, among other factor:

  • The duration of the marriage
  • The age and health of both parties
  • The earning power and sources of income of both parties

Spousal Maintenance

Spousal maintenance is just another term for alimony. It can also be referred to as “spousal support.” Though alimony or spousal maintenance is not as common as it used to be, it is still used in specific situations, including where a spouse may lack the skills to be gainfully employed, or may need time to develop those skills or get the requisite education or training.

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.

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.

Feb 23

Pennsylvania May See Return of Parent Coordinators

Parent Coordinators

In 2008, the Pennsylvania Superior Court concluded that parents who could not cooperatively come to agreement on custody matters needed some place other than the courts to help make those decisions. Accordingly, the role of “parent coordinator” evolved in Pennsylvania, with parent coordinators being given “limited…judicial authority to address…custody matters.” For five years, the system appeared to work well, with parent coordinators prevented from making major changes to legal or physical custody rulings. Parent coordinators were typically mental health professionals or family law attorneys who went through specialized training. The Superior Court put together guidelines and submitted a proposed rule to the state’s Supreme Court.

In 2013, though, the Pennsylvania Supreme Court ruled that parent coordinators violated state law, granting judicial authority without supporting law. For the last four years, parents who have been unable to reach accord on custody differences have had few options to settle any disputes. Often, parents would have to file emergency petitions with the court, addressing such mundane issues as whether or not a child could go on a school trip or play school sports.

The Domestic Relations Procedural Rules Committee has announced that it will be proposing a new rule to the Supreme Court, reestablishing the role of parent coordinator. They have actually drafted the rule and made it available for comments before presenting it to the Supreme Court of Pennsylvania. The proposed rule sets forth the qualifications, duties, scope of authority and other requirements for parent coordinators.

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.

Oct 07, 2016

Grandparents’ Rights in Pennsylvania

When a marriage ends and there are minor children in the home, the changes brought about can have a devastating impact on more than parents and their kids. Other relatives who had developed bonds with the children, including grandparents, can experience a tremendous sense of loss.

The Rights of Grandparents in Divorce Proceedings in Pennsylvania

It’s always permissible for the parents of any children of divorce to agree to allow visitation with grandparents. Unfortunately, that doesn’t happen very often. Even in the absence of parental consent, grandparents may petition the court for visitation rights, under the following conditions:

  • At least one of the parents is deceased
  • Where the parents’ marriage is legally dissolved or the parents have not cohabitated in at least six months, or
  • The child has lived with grandparents for a least a year

As with all matters related to custody and visitation in Pennsylvania, any determination related to grandparent visitation must be evaluated in terms of whether it will be in the best interests of the child. The court must also consider the nature of the grandparent-grandchild relationship before the request for visitation, and must also conclude that granting visitation will not unreasonably interfere with the parent-child relationship.

Grandparents who seek physical custody of a minor grandchild will be required to show that such a grant is not only in the best interests of the child, but will encourage and permit frequent and continuing contact with the parent. If the child is subsequently adopted, all visitation rights end, unless the adopter is a grandparent.

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.