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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Family Law

Mar 19, 2013

Jenkintown Pennsylvania Child Custody Attorneys

Whenever child custody issues come before the court, the court will act in what it believes to be the best interest of a child. This is especially important to remember if you or your former spouse is considering relocating some distance away or outside of the state of Pennsylvania. Regardless of whether you have custody of, or parenting time with your children doesn’t mean the court will approve your relocation. Even if a job opportunity, sick parent, or a new love interest requires you – in your mind – to relocate doesn’t mean the court will agree; rather, they will focus on what is in the best interest of your children.

Determining the Best Interest of a Child – What the Court will Consider

When a post divorce modification is filed regarding a proposed parental relocation , the court will consider the following:

  • How likely is the move to improve the life of the custodial parent and child
  • What is the motivation for the relocation
  • Has the move been planned for sometime or is it due to a desire for a “sudden break or change”
  • Will the move isolate the child from his or her relatives
  • How disruptive will the move be
  • Does the child have medical or education needs that will be threatened by the move
  • Are the alternative arrangements that don’t require a relocation
  • Will the relocation substantially disrupt visitation with the non-custodial parent

Parental Relocations: Understanding Your Custody or Parenting Time Rights

First, it’s essential to remember that each parent is legal required to honor the terms of their divorce settlement. Consequently, if a parent violates the terms of the custody arrangement approved of by the court, he or she can be held in contempt. This could result in changes to custody arrangements and further sanctions the court deems necessary. This means if either parent relocates without first filing for a post divorcement modification, he or she can be held in contempt.

Secondly, in Pennsylvania there are essentially two general kinds of child custody: physical custody and legal custody. Physical custody involves living with either parent, dividing up the time between them equally (joint custody), or participating in their rearing on a regular basis. Legal custody refers to the right of a parent to be involved in major life decisions regarding a child’s education, medical care, religious upbringing, participation in certain events, and other matters.
Here, even if a parent does not have physical custody but does have or shares in legal custody, their rights must be taken into account before any parental relocation can be approved.

Contact Jenkintown Parental Relocation Attorney Joanne E. Kleiner

If the court approves a parental relocation, the child custody agreement will need to be modified. For example, if the custodial parent intends to move to California, parenting time schedules involving vacation time, holidays, and how expenses are shared accordingly will need to be introduced and approved.
Protect your rights and those of your children – contact Jenkintown child custody attorneys at Joanne E. Kleiner & Associates today.

Sep 12, 2012

Common Paternity Issues in Pennsylvania (PA)

A home DNA paternity test can cost as little as $79 dollars, but it will not hold up in a court of law. A DNA paternity test that legally can establish paternity costs $230 or more in Pennsylvania. The issues of paternity, however, revolve around far more than money.

Single Moms

When a single mother has a baby, paternity of that child must be determined to resolve questions involving child support and child custody.  Once paternity is established, an order of child support will be directed to the father. Additionally, he can seek visitation rights or even child custody, in some situations.

Married But Not the Father

A mother may hesitate to address paternity if she does not want the alleged father to have anything to do with the child, or if she is married to another man who is not the father.

Sometimes, a paternity case involves a man legally acknowledging that he is the father of a child, but then he learns that the child in question is not actually his biological child. IT may take more than just a DNA test to set aside an acknowledgement of paternity, especially if many years have passed. If there is the slightest question about paternity, it is wise to take the DNA paternity test before signing the document of paternity.

When Grandparents Are Raising the Child

There can be occasions when the birth mother may not be able to parent her baby. The young mom’s parents may take over parenting, but they may refuse to allow the biological father access to the baby in question. The alleged father will need to take a paternity test to establish parenthood. Once that is established, he will then need to seek visitation or even custody of the child through the family court system in Pennsylvania.

In other cases, blood relatives of the child in question believe that the biological father is no longer alive. The father may not even know, however, that he has a child. If he does learn of the child and believes that he is the father, he will also need to establish paternity through DNA testing.

Paternity cases can be quite complex, and having an attorney who is experienced in representing clients involved in paternity cases can protect your rights and provide reassurance at every step of the way through these emotionally challenging situations.

Talk Your Situation Over With a Family Law Attorney – Southwestern PA

Contact the Pennsylvania law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney.

Jul 26, 2012

Problems that Can Arise in Child Parenting Time

Child parenting time or visitation is the time that a noncustodial parent spends with his or her child. Custody and visitation rights are granted based upon your child’s best interests, and generally the family court prefers minor children to have regular and continuing contact with both parents when possible.

Although Pennsylvania custody laws enable parents to come to reasonable visitation agreements between themselves, the plan must be in the child’s best interests and the parents must agree on it. Problems arise when the parents cannot reach an agreement and, in such a case, the court steps in and develops a child visitation schedule that the parents and child must follow. Situations that can make reaching a child parenting agreement difficult can include:

• Acrimony between the ex-spouses
• The desire of one parent to punish the other
• Disputes over child support payments
• Domestic abuse and/or parental neglect issues

The family court views visitation rights as a privilege, so custody is not automatically awarded. In fact, if the court determines that awarding visitation is not in the child’s best interests, sole custody may be awarded to the other parent. And even if visitation rights are denied, the noncustodial parent is required to pay child support.

However, child parenting plans are not set in stone and can be modified for several reasons. An experienced Pennsylvania family law attorney can help you determine if your circumstances are adequate to request a modification of an existing child custody order.

Consult a Pennsylvania family law attorney

In any divorce proceeding involving minor children it is always prudent to work with an experienced family law attorney. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your child parenting time issue.

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.