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Pittsburgh Family Law Blog

Soldiers to be happy about child custody law changes in Pennsylvania

Pennsylvania soldiers likely have a lot of gratitude toward one state senator. This woman was inspired to create a bill ensuring that no judge could change a child custody arrangement whose parent is an active-duty member of the military. She found inspiration when she heard of one set of grandparents not being allowed to see their grandson while their son was serving his country overseas in Iraq.

While it is true that many divorced couples are not very fond of their previous in-laws, should it mean that those in-laws, obviously grandparents and family members of the child, shouldn't be allowed to see the child?

Primary custody: Single-father families increasing

Families headed by single fathers are, according to reports that look into trends of single fathers, the fastest growing household in the United States. In Pennsylvania and across the country, more and more fathers have primary custody and are raising their children after divorce, rather than just widowhood, as was the most common condition of single fatherhood in the past. However, these households are still at a low percentage compared to other households and are still not seeing as much assistance as single mother households do.

Single fathers who manage to gain custody of their children tend to have a sort of reluctance to fight for child support payments, even if they may need them to remain financially stable. These fathers are said to fear that the children's mother will be able to somehow regain custody and take the children away from the father. This is caused by many unfair misperceptions of father's abilities to care for their children, especially considering the traditional motherly role a woman has with children.

Divorce for older Pennsylvania couples may be increasing

In the past, divorce for older couples was seen as something that just wasn't done in Pennsylvania. After all, after spending a large amount of time with each other in marriage, many couples grew comfortable in their relationship and didn't want to end it, even if they were unhappy in their marriage. Most older couples who filed for divorce 20 years ago did it for reasons of infidelity or abuse.

However, nowadays that trend is being challenged by older couples who view marriage as a means of happiness. This trend, known popularly by the sociologists as "the gray divorce revolution," indicates how differently marriage is now viewed by society. Nowadays, many couples see marriage as a way to attain happiness by committing to someone who made them happy in a certain chapter of their life. More older people coming in to speak with divorce attorneys are said to focus on enjoying the rest of their lives when discussing their reasons for seeking a divorce.

Positive co-parenting in shared child custody is important

Pennsylvania parents may agree that parenting can be hard enough when parents are married and living together. This takes on a whole new level of difficulty when parents divorce and find themselves saddled with stressed, negative emotions toward their ex-spouse while also adjusting to a whole new lifestyle. Even with the fairest child custody agreement, these feelings can still exist between ex-spouses, and can often hold negative consequences for the children involved.

With the stresses of a divorce still hanging between a newly separated couple, it can be difficult to put those feelings aside to work together. However, a positive child custody agreement, coupled with positive parenting ideals, can work together to uphold the best interests of a child.

Couples seeking divorce shouldn't forget about their taxes

When going through a divorce, Pennsylvania couples are faced with a broad range of decisions to make, as well as various properties and assets to divide. These decisions sometimes come all at once, and in a rather short amount of time. When a divorce is going badly, with one or both parties frustrated or angry with the other, these decisions can be even tougher to make. In these circumstances, some decisions may be overlooked or rushed when they should really be considered just as carefully as every other.

One problem area is filing taxes. Many couples may procrastinate on changing their filing status from joint when they were married to separately after divorce. This, together with an uncooperative ex-spouse in handing over their tax records, can lead to trouble when tax time comes around and one finds themselves in need of this information. Some couples even continue to file jointly, which leaves potential for one ex-spouse to be liable if the other finds themselves in tax trouble.

Living together before marriage no longer a sign of divorce

It was once commonly thought that living with your significant other before you got married significantly raised the chances of a divorce later on in life. But today, with nearly half of marriages ending in divorce within 20 years, the thought of living together might sound like a good thing. Luckily for Pennsylvania couples, a new study suggests that living together before you get married might not be a relevant indicator of the chances for a divorce later on in life. Or, at least, it hasn't indicated that the chances of divorce increase.

The U.S. Center for Disease Control and Prevention surveyed 22,000 men and women from 2006 to 2010 and found that couples who were engaged and living together before they were married were just as likely to remain married at least 15 years as those who hadn't first lived together.

State seizes unclaimed property for overdue child support

Divorced parents in Pennsylvania who have problems obtaining the child support payments rightfully due to their children from the paying parent know how difficult this process can be sometimes. It can be even more difficult to obtain this often relied-upon child support when the paying parent refuses to uphold their part of the bargain, and even more difficult if the paying parent can't even be located.

Luckily, the Pennsylvania Treasury has been working to begin to correct part of this problem by means of redirecting seized property from a child support-owing parent for the benefit of the child for whom this money is due.

Illegal immigrants face loss of child custody when detained

The Applied Research Center reports that as of 2011, nearly 5,100 children in 22 states across the U.S. were in foster care as a result of their parents being either detained or deported on illegal immigration charges. In many of these cases, the parents had their parental rights stripped and their children were put up for legal adoption. This can understandably be a difficult and frustrating process for parents in Pennsylvania and across the country. Luckily, some of these parents are able to obtain temporary visas to remain in the country long enough to fight for child custody of their biological children, as in the recent case of one immigrant mother.

The mother illegally entered the U.S. from Guatemala, though her son was born in America some time after. Upon discovery of her illegal status, she was jailed and her son was placed in foster care with a family that later adopted him and raised him as if he were their own son. Several years later when the mother was released, she found herself unable to reclaim her child as her custodial and parental rights to her own child had been stripped.

Child support affected by changing paternity standards?

It has been customary that in child support disputes, a biological parent is the one that is typically pursued to make payments. However, sometimes this role is filled by the "psychological" parent, deemed to be an individual that the child has known in a parental role longer than their biological parent. These issues were intertwined in a Pennsylvania woman's recent child support case.

The child in question was fathered by someone other than the woman's husband through an extramarital affair. The husband was aware of the affair and that the child was not his own, and the couple's other two children were also aware that the child was their half-sibling. But when the woman sought child support from the child's biological father after she and her husband became estranged, the case was dismissed on the grounds that the mother and "psychological parent" (the since-estranged husband) had held him out to be the child's father.

Baby boomer divorce is booming in Pennsylvania and nationwide

Divorce rates are growing among baby boomers in Pennsylvania and elsewhere as more people are reaching the ages of 50 and older. For this demographic group, the rate of divorce has doubled in the last two decades, despite a general decline in national divorce rates since the 1980's. Additionally, many of these individuals are not new to the divorce process, and have seen at least one other divorce in their lives.

Many boomer couples are believed to have originally sought marriage as a fulfillment of personal and individual happiness, rather than as an economic benefit. It appears that many boomers are using this same rationale to end the marriages. The idea that their marriage is no longer satisfying their personal needs is cited as one of the most common reasons for seeking a divorce later in life.

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