Harrisburg Pennsylvania Family Law Blog

Under the new amendments to the PA Custody Law set to take effect on June 12, 2012, the Court must now allow a deployed military service member to testify electronically and/or assign their rights to a family member.

By Attorney Alexis Miloszewski, Military Custody Attorney, Harrisburg, PA

ACT NO. 2012-32 S.B. No. 1167 was approved on April 12, 2012 and Amends Title 23 (Domestic Relations) and Title 51 (Military Affairs).  The purpose of the amendments was to recognize the inability of military parents to actively participate in child custody proceedings that may occur during military deployment.  Among the amendments, are the use of electronic means to participate in child custody proceedings.  "Electronic means" is defined as "includes communication by telephone, video conference or the Internet."  My belief is that this will include testimony via Skype, telephone or closed circuit television or as individual courts may allow.  Also, there are provisions allowing the military service member to appoint a family member as their legal designee in the custody proceedings.

The amendments are set to take effect on June 12, 2012.  They provide as follows:

Temporary assignment to family members.--If an eligible servicemember has received notice of deployment in support of a contingency operation, a court may issue a temporary order to an eligible servicemember who has rights to a child under 23 Pa.C.S. § 5323 (relating to award of custody) or former 23 Pa.C.S. Ch. 53 Subch. A (relating to general provisions), including a temporary order to temporarily assign custody rights to family members of the servicemember. In the case of temporary assignment of rights to family members of the servicemember, the following shall apply: (1) The servicemember may petition the court for a temporary order to temporarily assign custody rights to family members of the servicemember. The servicemember shall be joined in the petition by the family members to whom the servicemember is seeking to assign temporary custody rights. The petition shall include a proposed revised custody schedule for care of the child by the family members. The proposed revised custody schedule may not include custody rights which exceed the rights granted to a servicemember set forth in the order in effect at the time of the filing of the petition to grant temporary custody rights to family members. (2) The court may issue a temporary order with a revised custody schedule as proposed by the servicemember and the family members or another revised custody schedule as the court deems appropriate, if the court finds that a temporary assignment of custody rights to family members of the servicemember is in the best interest of the child. In no case shall a temporary order granting custody rights to the family members of a servicemember exceed the custody rights granted to the servicemember set forth in the order in effect at the time of the filing of the petition to assign temporary custody rights to family members. In the case of any other temporary order issued under this subsection, the court may issue a temporary order if it is in the best interest of the child.

Electronic hearing.--Upon motion of an eligible servicemember who has received notice of deployment in support of a contingency operation, the court shall, upon reasonable advance notice and for good cause shown, allow the eligible servicemember to present testimony and evidence by electronic means in custody matters instituted under section 4109 when the military duties of the eligible servicemember have a material effect on the eligible servicemember's ability to appear in person at a regularly scheduled hearing.

If you are military servicemember actively deployed or you will become actively deployed soon, you should not let this deter you from protecting your custody rights.  You should contact an experienced lawyer immediately to protect your rights and advance the best interests of the child(ren).  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today. 

The rights of a grandparent to seek partial custody or visitation of a grandchild are conferred when the parents have separated or divorced or one is deceased.

By Attorney Alexis Miloszewski, Grandparents Rights Attorney, Harrisburg, PA

If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both, to the unmarried child by the court upon a finding that partial custody or visitation rights, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court will consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application. 

A grandparent who stands in loco parentis to the child has standing to seek custody. Babysitting and performing caretaking tasks do not place a grandparent in loco parentis with regard to the grandchild, and accordingly, the grandparent lacks standing to seek custody on this basis after the child's mother dies.  The burden is on the grandparents to demonstrate that partial custody or visitation in their favor is in the child's best interest and will not interfere with the parent-child relationship.

In granting an award of partial custody or visitation, a trial court will look at such things as: the child's physical, intellectual, emotional, and spiritual well-being.  A grandparent seeking visitation or partial custody upon death of the child's parent need not demonstrate that the child will suffer harm as a result of the denial of visitation or partial custody.  

A request for custody is far different than that of visitation.

In a dispute between a parent and grandparents, the parent has a prima facie right to custody that will be forfeited only if convincing reasons appear that the child's best interests will be served by an award to the grandparents.  On the other hand, grandparents who seek visitation need only convince the court that it would be in their grandchild's best interests to have access to their companionship.

If you have questions about your grandparent's rights, you need to contact experienced grandparents rights counsel at Shaffer & Engle Law Offices, LLC toll free or email us today.

Reconciliation is the ending of the marital separation.  It requires a good faith offer to reconcile and acceptance.

By Attorney Alexis Miloszewski, Divorce Lawyer, Harrisburg, PA

I had written a prior article regarding separation and that there was no such thing as a "legal separation."  But now I want to examine the converse, that is, what happens if the parties to a separation resume the marriage and reconcile.  Is it a true reconcilationi and what affect on the divorce?

The Offer to Reconcile must be made in Good Faith

An offer of reconciliation should amount to an offer to resume the matrimonial cohabitation.  That is, the parties should resume marital cohabitation, living together as "man and wife" once more.  The offer to return must be made, not for the simple purpose of defeating a legal right, but in good faith, with the intention of carrying it out in its spirit if accepted by the other.  Reconciliation puts an end a claim of desertion by an injured spouse and bars a suit for divorce.  The offer should be a sincere, personal request by the actual party and should not be made through an attorney.  If the offer to resume marital relations is not made in good faith and with an intent to live in the relation of husband and wife, but with a view to defeating a divorce or for any other dishonest purpose, the injured party may decline to accept it without being deprived of the right to procure a divorce for desertion after the expiration of the statutory period.

Do I have to accept an offer to reconcile if I don't want to?

A spouse is under no duty to accept offers of reconciliation which are coupled with unreasonable demands and which cannot have been made in sincerity and good faith.  A spouse also may refuse an offer of reconciliation for a cause which would entitle that spouse to a divorce.

What effect will a reconciliation have on my case?

There are numerous disadvantages to the divorce case if one accepts a good faith offer of reconciliation, including:

• Loss of a claim for alimony, support, or APL;
• Loss of a right to request entry of a final decree;
• Loss of a right to claim injured spouse status in support proceedings and during equitable distribution hearings; and
• Possible reduction of your equitable distribution.

However, the obvious advantage is the regaining of your marriage.  Assuming that the parties can work through their differences, this is obviously the best result.  However, a failed reconciliation may still have deleterious effects on your divorce matter. 

If you are separated and need answers regarding a possible reconcilation, call an experienced divorce attorney at Shaffer & Engle Law Offices, LLC toll free or email us today.

There are 11 factors that the courts will review in determining what is the appropriate method to distribute marital assets and liabilities.

By Attorney Alexis Miloszewski, Divorce Lawyer, Harrisburg, PA

As discussed in a prior blog article, an equitable distribution made by the courts is sometimes not a simple 50/50 split.  Rather, the courts of PA must consider a list of enumerated statutory factors in determing how the assets will be divided between spouses.  The court may accord these factors different weight in arriving at its conclusion. 

The factors that the court is specifically required to consider are:

1. The length of the marriage.
2. Any prior marriage of either party.
3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
4. The contribution by one party to the education, training, or increased earning power of the other party.
5. The opportunity of each party for future acquisition of capital assets and income.
6. The sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits.
7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.
8. The value of the property set apart to each party.
9. The standard of living of the parties established during the marriage.
10. The economic circumstances of each party, at the time the division of property is to become effective.
11. Whether the party will be serving as the custodian of any dependent minor children.

There are individual concerns that the court will review within each one of these factors.  Again, courts may always put a higher amount of consideration on one factor over another it considers less important.  It is imperative to have experienced counsel represent you in a divorce proceeding.  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.