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Abington Family Law Blog

The landscape is better for same-sex parents

Biology plays an important role in society. For example, take a husband and wife who conceive a child with the help of a sperm bank. It is unlikely anyone will ever ask that couple, "Who is the 'real' father?" If they were to divorce, the husband, even though he is not biologically related to the child, should be in a good position for all of the rights he would get as a biological father.

This is not always so with same-sex couples. While it is true that the legal right to marry has secured a good deal of peace of mind for some of these couples, the reality is that biology remains the basis for some parts of the law or judges' decisions.

Separate and marital assets in a Pennsylvania divorce

Who gets what remains an important issue in most divorces, especially those where valuable assets are at stake. Pennsylvania takes the equitable distribution approach, which focuses on fairness rather than strict equality, although in many cases these end up being substantially equivalent.

One central issue to division is determining which assets to divide in the first place. Typically, courts only distribute marital property while separate property continues to remain solely with its owner. Thus, it can become very important to determine whether a particular piece of property belongs to both spouses or only to one of them.

'Tis the season to be flexible with custody

Instead of a white Christmas, are you dreaming of having your kids home for the holidays? When you are going through a divorce or modifying your custody agreement, the winter holidays are one the most important times to consider. Without a well-planned arrangement, your children will have a season of stress, contention and too much travel.

Give your children the best gift this year: Plan ahead on how to split custody this winter and be accommodating when it benefits the kids.

Business valuation in a divorce

Divorce is prevalent in Pennsylvania, the way it is in every other state. In 2016 alone, over 33,000 divorces and annulments took place, according to data from the Pennsylvania Department of Health

The court divides numerous marital assets during a divorce, and for couples who own a business together, that includes the company. In divorce, there is the concept of the equitable division of assets. This does not necessarily mean equal division, but means both spouses receive items totalling an appropriate value. When a business comes into play, the court needs to perform a valuation first.

3 of the weirdest divorce settlements ever

Divorce is generally messy, but certain separations end up being absurd. From rights to silly celebrity nicknames to alimony for ice cream, there have been some strange fights and settlements throughout the years.

Forget your usual temporary alimony or deciding who gets the house – below are some of the weirdest divorce settlements in the history books that will surprise you! 

The benefits of establishing paternity

If you are an unmarried parent and a resident of Pennsylvania, a time may come when you need to establish the paternity of your child. Maybe you are a mother looking to pursue a child support order, or perhaps you are a father who wants to ensure you have rights to your child.

Regardless of your reason for establishing paternity, doing so can have considerable benefits for all involved. First, it benefits a child emotionally to have a firm understanding of his or her parentage. Additional benefits might include:

What you need to know about third-party custody

Having a child live with her or his biological parent is not always the best option. In fact, sometimes it is necessary that another person or party receive custody so that the child can benefit from a safe and stable home. It is not uncommon for step-parents or grandparents to seek custody for these reasons, but there are a few things that every person should know when it comes to third-party custody.

According to the American Bar Association, proof that a parent is unfit is often a prerequisite of third-party custody. There are many other circumstances, however, which might make this custody arrangement both ideal and attainable. Consider the following if it is an option you want to pursue.

Navigating custody for military families

Serving in the military is an admirable decision, and the sacrifices made sustain the country's freedom. Many of these sacrifices, though, do not only affect those who are enlisted -- they also affect families. This is certainly true when it comes to deployment, kids and custody. You might be wondering how to negotiate caretaking for kids when one parent is enlisted.

According to the School Superintendents Association, there are 1.2 million kids who have at least one parent on active duty. Though there are challenges that come with the military family lifestyle, you are not alone in facing these challenges, and you can minimize your kids' stress by using the following tips.

What to include in your parenting plan

Often, divorce sets off a series of changes, which can be emotionally upsetting and destabilizing for everyone involved. With children in the picture, divorcing parents should prioritize the children's physical and emotional well-being throughout the process.

One way in which parents can create a more stable experience is by agreeing on a parenting plan. Often, courts require parents to submit a plan. When parents cannot agree, they typically end up battling out their issues in court, and the judge then issues an order. While judges generally look at the best interests of the children when making their decisions, parents tend to be in a better position to understand their children's needs. Your attorney can help you work out an agreement that truly benefits your children.

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Law Offices of Catherine Cardozo, LLC
1147 Easton Rd.
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