Pennsylvania Family Law Blog
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The Enforcement Of Islamic And Jewish Marriage Contracts And Agreements In Civil Courts In Pennsylvania
- May 8, 2020
- Posted by: Lee A. Schwartz, Esquire
- Category: Blog, Monthly Newsletters
No CommentsTraditionally, Civil Courts (County and State Courts in Pennsylvania, as
well as Federal Courts) have been reluctant to enforce religious contracts in their
Courts, because of Constitutional issues surrounding the First Amendment
separation of Church and State. In the area of Family Law, and specifically in
discussing, negotiating and resolving Divorce issues, these religious based issues
can arise. -
It’s not too early to discuss school choice with the other parent
- February 28, 2020
- Posted by: Lee A. Schwartz, Esquire
- Category: Monthly Newsletters
If a person has a child approaching kindergarten in the Fall of 2020, or a child in 8th grade and ready to begin High School, choice of school issues should now be front and center.
We, at the Schwartz Law Firm, believe, and advise our clients, that the Fall season, of the year before the beginning of the following school year, is the appropriate time to determine if parents are in agreement regarding school choice. If not, a Petition for Custody (if parties have no custody order) or a Petition to Modify an existing order, should be filed right away.
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New Year: It’s time to face the music
- January 22, 2020
- Posted by: Lee A. Schwartz, Esquire
- Category: Monthly Newsletters
So, you’ve made it through the Holidays and New Years’, staggered to work on Monday morning, and here we are; facing a new decade. 2019, 2010….same thing…different day. Really? Is that all you’ve got?
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HOLIDAYS AND CUSTODY SCHEDULES
- November 19, 2019
- Posted by: Lee A. Schwartz, Esquire
- Category: Blog
“It’s beginning to look a lot like Christmas
Custody battles Ga-lore
My son doesn’t want to go
His Father is a Schmo
My daughter says his Wife is nothing but a bore…
It’s beginning to look a lot like Christmas
My lawyer is a Schmuck
He says my child has to be away
For Christmas Eve he cannot stay
Or I’ll being in contempt, in jail and really out of luck…..” -
Cohabitation Agreements Rarely Thought Of….Very Necessary
- September 24, 2019
- Posted by: Lee A. Schwartz, Esquire
- Category: Blog
So, you, or your Sister, or your best friend, is thinking of buying a house or condo, with his or her friend or lover. The parties are unmarried, and have no imminent plans to marry, so a Pre-Nuptial Agreement is not in order. All seems rosy and exciting, and it certainly is while that relationship between the parties is likewise wonderful. But, despite the best intentions of the parties, people change, their needs change and their relationships can change.
What happens if:…
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VACATIONS AND CUSTODY NUTHIN’S EASY
- August 16, 2019
- Posted by: Lee A. Schwartz, Esquire
- Category: Blog
So, you want to take your kiddos on vacation and you are separated or divorced from their other parent, there are some things you need to consider about vacations:
1. Do you have a Custody Order through the Court, with the other parent?
2. If you do have a Custody Order through the Court, is there language in the Order that speaks to vacationing?
3. If you have a Custody Order and there is no vacation language, or if you don’t have an Order at all, what should you do to make this vacation as peaceful and relaxing as possible? -
FILING FOR CUSTODY COULD ONE BE OPENING PANDORA’S BOX?
- June 14, 2019
- Posted by: Lee A. Schwartz, Esquire
- Category: Monthly Newsletters
Scenario: A Parent has no Custody Order. The Other Parent has no contact with the child and no interest in having Custody time with the child. The Parent-in-Custody has no real “need” to get have a Custody Order. On the other hand, the Parent-in-Custody simply “wants” to get a Custody Order, as a perceived item of “safety” or to be able to tell the world that “I have sole custody of my child”. Are these “good enough” reasons? What may happen if the Parent-in-Custody does file for Custody?
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Real Divorce Talk with Sue: Interview with Lee A. Schwartz
- February 22, 2019
- Posted by: Lee A. Schwartz, Esquire
- Category: Blog
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PENNSYLVANIA “CUSTODY FACTORS” ARE THE SOLE DETERMINANTS OF CUSTODY DECISIONS IN PENNSYLVANIA
- October 24, 2018
- Posted by: Lee A. Schwartz, Esquire
- Category: Monthly Newsletters
In January 2011, the new Custody Act became effective in Pennsylvania. In the new Custody Act, there are 16 “factors”, which the Court must consider and analyze, in deciding a Custody matter. Since the enactment of the new Custody Act, prior judicial decisions and holdings have been laid to waste by the enactment of
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LEGAL CUSTODY: KEEPING IT AND LOSING IT
- July 30, 2018
- Posted by: Lee A. Schwartz, Esquire
- Category: Monthly Newsletters
Much of legal custody writing discusses issues and concerns surrounding Physical Custody. This flavor of custody, Physical, concerns the number of overnights a child spends with each parent. If a child spends more overnights in a month with one parent, that parent has Primary Physical Custody and the other parent has Partial Physical Custody.