Posts Tagged ‘family law lawyer Reading PA’

Spotlight Issue: Berks County emergency custody petitions

Sunday, November 19th, 2017

What do you do if you do not have a current custody order and your child’s other parent is not allowing you to see your child? In Berks County, you will need to file a custody complaint as soon as possible. The good news is that once your complaint is filed, you will be scheduled for a custody conference. The bad news is that the conference will be scheduled a couple of months in the future. Are you supposed to simply wait for the conference date to be given time with you child? NO! You are able to file an emergency custody petition in Berks County to ask a custody judge to immediately give you time with your child.

How does the emergency custody petition process work? First, you will meet with an ENM Law attorney to determine whether or not your situation requires an emergency custody petition. If the answer is “yes,” then your ENM Law attorney will file a petition asking that the custody judge grant the emergency relief that you are requesting. The other parent must be given 48 hours notice of the date and time that the petition will be presented. If your case has already been assigned to a custody judge then your petition will generally be heard by that same judge. However, if your custody judge is not available then the petition can be presented to the emergency motions judge.

At the emergency petition hearing, your ENM Law attorney will present the judge with the circumstances surrounding your request for emergency relief and argue for the best outcome. If the judge grants your request then a temporary order will be issued pending the decision at the scheduled custody conference.

A recent Berks County custody client came to Attorney McAllister for help because the custodial parent was refusing to allow our client to visit with his child. The first step Attorney McAllister took was to file a custody complaint in Reading, PA. A custody conference was scheduled as a result of that complaint, but it wasn’t to be held for a couple of months. Faced with the alternative of his client not seeing the child until the conference date, Attorney McAllister filed an emergency petition asking that the judge immediately grant his client time with the child pending the conference. Thanks to the hard work of Attorney McAllister, the custody judge granted our client significant periods of custody.

If you think that you may need an emergency custody petition filed in Reading, PA, contact our knowledgeable Berks County custody attorneys at 610-372-5128 or email us at info@enmlaw.com.

Spotlight Issue: Child tax credit and custody

Friday, December 30th, 2016

Tax season is approaching and you may be asking how your child custody arrangement affects your taxes. Your custody arrangement may have a very specific impact on whether or not you can claim a child tax credit. The child tax credit allows a parent to claim a credit for each dependent child. But what happens if the child’s parents are separated or divorced and are not filing their taxes jointly? Who gets to claim the child in that situation? The IRS says that generally speaking, the parent who has the child for the majority of the overnight time is the one who is eligible for the credit. This would generally be the parent with primary physical custody. But what happens when the parents have 50/50 physical custody? If the child stays with each parent for an equal number of nights then the parent with the lower adjusted gross income is considered the custodial parent and is able to claim the child tax credit. However, please note that even if the custody arrangement is called joint custody, if the parents have an unequal number of overnight visits then the parent will the greater number will be considered the custodial parent for tax purposes. While these are the general rules, the parties can make different arrangements which could be ordered by the court in a marital settlement agreement. While taxes are certainly not a determining factor what deciding on custody arrangements, the tax consequences are something to keep in mind and should be discussed with your attorney.

If you are in need of custody advice, please contact our Berks County family law attorneys at 610-372-5128 or email us info@enmlaw.com.

**This article is not intended to give tax advice and if you have questions about whether or not you are able to claim a credit, you should consult a tax professional.

Legal Update: Reduced waiting period in Pennsylvania for no-fault divorces

Friday, December 30th, 2016

There is a new answer to the question “How long do I need to wait for a no fault divorce in Pennsylvania?” Since 1988, Pennsylvania law has required that, unless both spouses are consenting to a no-fault divorce, the parties must be separated for a period of 2 years and the court must make a finding that the marriage is irretrievably broken before the court will allow the divorce action to move forward. Governor Tom Wolfe recently signed a law which reduces that waiting period from 2 years to 1 year. This change will take effect in 60 days (December 2016). Proponents of the change argued that the 2 year waiting period was unnecessary and didn’t benefit anyone, least of all any children involved. Further, they argued that the long waiting period allowed manipulative spouses to maintain control over the other spouse who wished to move on. Opponents to the bill believed that the shorter waiting period simply made it easier to obtain a divorce and reduced the time that a dependent spouse could receive certain benefits during the pendency of the divorce.

It’s important to remember that a divorce isn’t automatic at the end of the 1 year waiting period; the non-consenting party can still object and argue that the parties haven’t been separated for a year or that reconciliation is possible. However, it allows the court to address the issue in a shorter period of time. Also remember that if both parties are consenting to the divorce, there is still only a 90 day waiting period before the divorce action can move forward. The new 1 year waiting period only applies to periods of separation which begin after December 2016.

This change comes on the heels of a bill signed by Governor Wolfe in April of 2016 which makes allowances in the divorce laws for victim of domestic violence. If one spouse has been convicted of a personal injury crime against the other party then the court will presume consent to the divorce. In addition, if there is an active Protection from Abuse Order in place or the abusive spouse has been convicted of committing a personal injury crime against the other (or admitted into the Accelerated Rehabilitative Program) then the victim spouse can file an objection to the court-ordered counseling which can be ordered in a contested divorce.

If you’re considering filing a divorce in Berks County or if you’ve been served with divorce papers already, contact our experienced Reading, PA divorce lawyers today at 610-372-5128 or email us at info@enmlaw.com.