Posts made in April 2025

As a teenager and prior to attending las school, I worked physical, outside jobs. As a landscaper, this time of year was big for spring “clean-ups” where I would rake old leaves, remove fallen sticks and branches, clean out shrubbery and flower beds, thatch the grass, and just generally refresh a yard that had been impacted in whatever way by the previous Fall and Winter. This would get things ready for the Spring plantings and routine maintenance of the changing seasons.

What does that have to do with family law?

First, it reflects that I’ve never shied away from hard work, and in fact, actively sought it out. I enjoyed working with my hands and pushing the limits of what I was capable of physically and mentally. That continues today, through my lifelong commitment to strength training and an active outdoor lifestyle. While I am active outside year round, choosing to embrace each season and its unique attributes, others seem more active when the weather turns “more pleasant.” The birds are back chirping, flowers are blooming and people with cases in Family court are cleaning out their closets so to speak and ready to make changes or finalize things.

As the Spring arrives, it can be a time to thaw out older cases that had been hibernating perhaps over the Fall and Winter months, to revisit and refresh older or outdated Orders for Child Custody and Support, and to move along Divorce cases that had been sitting without any progress.

If you have the need for a lawyer, perhaps we can help; if you already have counsel, but feel the need to move in a fresh direction, maybe we are a better fit? If you have questions about the changes to Custody resulting from Kayden’s Law from this past summer, or are curious about what the recent decision in Glover v. Junior could mean for you, we may have the answers.

Free 10 minute consultation for any  Allegheny County Adult family law matter. (412-303-9566)

Two weeks ago, on March 202, 2025, the Pennsylvania Supreme Court issued its decision in the case of Glover v. Junior; a landmark decision that adds a fifth pathway to parentage, Intent Based Parentage. This case involved a married female couple who utilized ART (Assisted Reproductive Technology) to conceive a child. The case presents a unique set of facts and references past presumptions under PA Law, but at the end of the day sets forth a new wat to establish parentage, by specific Intent.

It has been nearly eight months since Kayden’s Law went into effect on August 14, 2024, and we are seeing how the changes are being implemented in new filings and custody modifications.

To review, among the changes to PA Custody Law (Kayden’s Law) that went into effect on August 14, 2024, were changes to the Custody Factors, Criminal Abuse Verification Form and additional safeguards to ensure the safety of children in custody situations.

Factors when awarding custody.
Pa.C.S. 23 §5328 (a) lists the sixteen factors considered by a court in awarding custody.
Pursuant to the most recent 2024 changes to the law:

In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the safety of the child, including the following:

(1) Which party is more likely to ensure the safety of the child.
(2) The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(2.2) Violent or assaultive behavior committed by a party.
(2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.
(8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.
(a.1) Exception. — A factor under subsection (a) shall not be adversely weighed against a party if the circumstances related to the factor were in response to abuse or necessary to protect the child or the abused party from harm and the party alleging abuse does not pose a risk to the safety of the child at the time of the custody hearing. Temporary housing instability as a result of abuse shall not be considered against the party alleging abuse.
(a.2) Determination. — No single factor under subsection (a) shall by itself be determinative in the awarding of custody. The court shall examine the totality of the circumstances, giving weighted consideration to the factors that affect the safety of the child, when issuing a custody order that is in the best interest of the child.

If you are in the midst of a Custody Case or are considering filing for Custody in Allegheny County or filing a Modification of Custody, our Pittsburgh Law Firm can provide you the counsel and direction you need to assist you with the legal requirements and can explain the changes to Pennsylvania Child Custody Law and our experienced family law attorney can guide you through the process.