Posts Tagged ‘Reading PA family law attorney’

ENM Law News: Recent Berks County custody cases

Monday, June 25th, 2018

Berks County custody cases often all follow a similar path. But sometimes a client comes to our office with an unusual set a circumstances and we have to think outside the box and act quickly. Here are details of two such Berks County custody cases that Attorney McAllister handled recently.

A father came into our office with concerns that his child’s mother was going to move to a different part of the country with the child. There was not a custody order in place. Attorney McAllister acted fast to prepare the case and was able to serve the mother with paperwork within 2 days of meeting the client. This quick turnaround is important because at the point that she was served, the mother was put on notice that there was a pending custody action. At the emergency custody hearing, Attorney McAllister asked the judge to issue a Writ of Nea Exeat which would prevent the mother from leaving Berks County. The judge agreed with Attorney McAllister’s argument and ordered the mother to keep the child in Berks County pending the custody case. Attorney McAllister was also able to secure partial physical custody rights for his client while the case proceeds through the normal custody process.

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The story of the next client began years before she came into our office. When the client’s child was very young, she moved out of Pennsylvania. Prior to her move, the father of the child filed a custody action in Berks County and the judge ordered that our client not leave Pennsylvania with the child. BUT, our client was never served with any of the paperwork relating to the custody case or the judge’s order. Years later, criminal charges were filed against our client for removing the child from Pennsylvania in violation of the court order and she was extradited back. The child was given to the father. Our client went 1 ½ months without seeing her child. After that, she came to our office and Attorney McAllister took her case. He filed for an emergency hearing and asked the judge to return the child to the mother. Attorney McAllister argued that the client was never given notice of the court order entered years ago and that it was in the best interest of the child to go back to the mother because the child had not had a relationship with the father. The judge agreed and granted our client primary physical custody of the child pending an outcome in the custody case. The child was returned to our client immediately after court.

A skilled attorney is always helpful in a Berks County custody case, but that is especially true when there are unusual circumstances. If you are facing the possibility of custody litigation, contact our experienced Reading, PA family law attorneys at 610-372-5128 or info@enmlaw.com.

Spotlight Issue: Division of Assets – Equitable Distribution

Wednesday, March 23rd, 2016

One of the biggest points of contention in a divorce can be division of the parties’ assets. If no prenuptial agreement has been signed then Pennsylvania law governs how assets are divided. Pennsylvania is an equitable distribution state which means that if the case goes to trial, a judge will ensure that property is divided fairly, but not necessarily equally. That is important to remember when trying to negotiate a property agreement in an effort to avoid trial. The only property that is considered in the determination is marital property so the first step in the process is for the court to determine what property will be included. The court will then need to determine the value of the marital property before determining a fair distribution. The value is based on “fair market value.” The last step in the equitable distribution process is the actual division of property.

How does a judge decide what is a fair distribution of property? The court will look to the 11 factors set out in 23 Pa.C.S. Sec. 3502. Those factors are as follows:

- The length of the marriage

- Any prior marriage of either party

- The age, health, station, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties

- The contribution by one party to the education, training or increased earning power of the
other party

- The opportunity of each party for future acquisitions of capital assets and income

- The sources of income of both parties, including, but not limited to, medical, retirement,
insurance or other benefits

- 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.

- The value of the property set apart to each party

- The standard of living of the parties established during the marriage

- The economic circumstances of each party at the time the division of property is to become
effective

- Whether the party will be serving as the custodian of any dependent minor children

Courts will not consider whether a party was at fault for the divorce in determining the distribution of property. Some of these factors have clear answers, but other factors are subjective and the court will need to hear arguments as to why a factor should be decided in one party’s favor. The court will use these factors to determine what percentage of the property each party is entitled to (example 60/40) and then distribute each item of property accordingly.

Division of property is complicated and having an experienced divorce lawyer represent you is the best way to protect your interests. If you’re considering filing a divorce in Berks County or you are already involved in a divorce and need a knowledge divorce attorney to help you, contact our Reading, PA family law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Emergency Custody Petition

Monday, February 29th, 2016

Our Berks County family law attorneys were able to obtain sole physical custody for a client after divorce proceedings began. The opposing party in the divorce was refusing to allow our client to see his children so our attorneys filed an emergency custody petition asking that custody be given to our client. The hearing was expedited and the court granted our client sole custody of his children.

Divorce and custody proceedings can quickly become contentious and it’s important that you have a knowledgeable Berks County family law attorney on your side. Contact our custody attorneys today at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Family Law Outcomes

Wednesday, February 10th, 2016

A father came to ENM Law for assistance in getting custody of his daughter who lives in Berks County. At the point that he came to see Attorney Ebner, this client hadn’t seen his daughter in 7 months because the child’s mother refused to answer his calls and moved to a different residence without notifying him of the new address. Attorney Ebner immediately filed a custody complaint and was able to track down the mother to serve her. Despite the mother’s refusal to cooperate, Attorney Ebner was able to secure a custody order for this client which assures him visitation time with his daughter and allows him to take her out-of-state to visit her paternal grandparents.

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A mother of 2 came to ENM Law for help with her Berks County family law cases. The client’s husband had been using illegal drugs and was on a steady spiral downwards. This client needed custody, divorce and support cases filed on behalf of herself and her children. The husband eventually went to jail on theft offenses and the client stopped receiving support from him. Because of the work of Attorney Ebner, this client is now the sole legal and physical guardian of the children and also has exclusive possession of the marital residence that has been saved from foreclosure.

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Custody, support and divorce issues are too important to handle on your own. If you’re struggling with these issues in Berks County, contact our experienced Family Law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Custody Contempt Petition

Sunday, September 21st, 2014

Our family law attorneys filed a custody contempt petition on behalf of our client arguing that the defendant was refusing to follow a prior custody order which required the defendant to pay for half of the parties’ child’s private school tuition expenses.  The Berks County court agreed with the arguments made by our family law attorneys and ordered that the defendant pay the tuition costs as well as our client’s legal fees.