The Court’s website was completely redesigned last week and all the old links to various resources needed to be updated too. Accordingly, for the benefit of our existing and prospective clients, or people who are simply looking for more information, we have revised our free resources page and have listed some of the most commonly sought information below.

Client Services Center (Self-Help Center)
Allegheny County Family Court Building
Allegheny County Family Division Local Rules of Court
Allegheny County Family Court Motions
Allegheny County Family Court Judges

Navigating the waters of family law can be difficult on any level, but when legal aspects involving guardianship arise, they can be even more challenging for all parties involved. To help adults with disabilities obtain the support they need to live fulfilling lives, it’s crucial to look at the process of legal guardianship for adults with disabilities florida through the lens of a family law perspective. Scott L. Levine, who brings over four decades of experience as a family law attorney to the table, focuses his practice on delivering compassionate counsel to his clients and their families.

The majority of Florida family law situations center around legal guardianship, which is put in place to protect those who are unable to manage their affairs through either mental incapacity or disability. When a guardian is appointed, he or she gains the authority to make legal decisions on behalf of the Ward, enabling them to help manage finances, medical care, schooling, asset protection and trusts, among other issues. The intent is to ensure that all aspects of the Ward’s life are tended to in a manner that protects their health and the assets that they have earned over the course of their lives.

If capable, children with disabilities and mental incapacity can be entrusted with their own affairs. However, if they are unable to navigate their own assets, the court will appoint a legal guardian to take care of these issues. These legal guardians must be either a close relative or friend, and although they have certain rights, there are also boundaries that are put in place by legal standards.

Legal guardianship is necessary to help protect the Ward and ensure that he or she receives the support they need to live a fulfilling life. Regardless of the circumstances, a family law attorney can help these individuals receive guardianship.

Guardianship of a person can be established through the Circuit Court in the Ward’s local county. Typically, parents can proceed without notice (to prevent possible safety issues), but others must obtain written permission prior to filing. Once the application has been filed, the court will appoint an expert to visit the Ward and complete an examination report, a report of capacity or a plan of guardianship. When appointed by the court, the accountant, guardian ad litem and estate examiner get to work.

Once this information and documentation has been submitted, the court will establish a hearing date. At this time, the public can file objections. Once all parties have concluded their statements, the judge will render a decision.

When a child is deemed mentally incapacitated, their parents must become their legal guardian. Parents can sign a petition to become the guardian of the person and the property, or the person only. In addition, they can name themselves as guardian of the property and another individual as guardian of the person.

The Guardian of the Person generally oversees: Upon appointment, the Guardian of the Property will be responsible for the investment and management of the Ward’s assets and property. A special trustee or bank may take on these responsibilities. Additionally, guardians must complete yearly reports to demonstrate the continuing need for the guardianship. Guardians of the Person have a duty to see the Ward at least once per month and then prepare a yearly report.

When it comes to family law counsel, every case is unique and requires a tailored strategy to deliver the best results for all parties involved. Whether the focus is on guardianship, paternity, domestic violence, child custody or child support, attorney Scott L. Levine approaches each situation with compassion and understands his client’s needs. Best of all, he offers free initial consultations to discuss the case and give the client insight into their options.

For more information on guardianship laws, you can visit Nolo’s guide on guardianship.

I have been practicing family law for over 30 years and sometimes family members like camping, hiking, and staying overnight at a national park. Sometimes knives are brought into the backcountry so that people can enjoy the great outdoors. But some knives are illegal in California. This leads to my article today about knife laws in California: Knife laws vary from state to state. California knife law restricts certain types of knives and bladed weapons. Here is a brief overview of knife laws in California:

Switchblades A switchblade is defined as a knife with a blade that automatically opens by the release of a spring or other mechanical device. The prohibited length is 2 inches or longer overall.

Dirks and Daggers A dirk (sometimes spelled “dirke’) or dagger is defined as a stabbing knife more than 5.5 inches with fixed blades and includes • A knife with a double-edged blade or a “shobo” or “karasuki” knife. • A stiletto. • A cane sword or disguised dagger.

Stilettos and Billy Clubs The prohibited length of a stiletto or a curved knife designed for stabbing is 5.5 inches or more. A billy club, black jack, or slapjack is defined as a “slungshot.” It is a “mace,” “blackjacks,” “sandstick,” “sandbag,” or “billy.”

Penalties Penalties vary from county to county. That being said it is not wise to carry knives into the wilds of California. If the police stop you can be subject to arrest and have your knife confiscated. In some cases, knives can be returned to the owner even if the owner is a minor. Last but not least if you decide, against all reason and warnings for the sake of disobedience, to take an illegal knife with you anywhere in California, place some money aside because you will need a family lawyer. If you have any questions on the legality of taking a knife into some state of the art criminal justice center that is just around the corner from you, type: what knives are legal to carry in california, into that search engine and hit the enter key.

For more information on knife laws, you can visit the Wikipedia page on knife laws.

The Legally Binding Nature of a Purchase Order

As my clients know, we love to talk about the legally binding nature of a Purchase Order. This article highlights the concept, and provides an interesting analogy to our family law practice. For the uninitiated: Po stands for “Purchase Order.” Purchase Orders are used in transactions between businesses. This order is a promise to pay for services or materials. Purchase Orders are legally binding on the parties. In fact, the very first purchase orders were signed by each party – but now they can be delivered electronically, typically via email.

The order itself is a legal agreement. It is a promise to pay, and the invoice must be paid. Period.

A purchase order is a great example of a “legally binding agreement.” It is a basic contract that most everyone has encountered in their life. But if you are a layman, what does it mean to be “legally binding?” Mediation and settlement agreements can mirror this kind of purchase order. If your goal is to have an enforceable divorce settlement agreement, then it is in your best interest to structure your divorce settlement agreement similar to comprehensive purchase order agreements.

A purchase order is sent after a buyer (we’ll say this is you) and seller (we’ll say this is the company selling the service or goods) have reached an agreement on a price and the details of their exchange. The purchase order is the document confirming this agreement.

A Purchase Order is legally binding, but that does not mean that it is unchangeable. It is subject to change, just as divorce settlement agreements are. They can be modified. A legally binding purchase order means that you, as the buyer, must follow through with your purchase.

The easiest way to understand the legally binding nature of a purchase order is to think about a divorce settlement agreement. A PO is akin to a divorce agreement, and clarifies your agreement with your spouse per the terms of support, distribution of assets, and parenting plans. If you want a “legally binding” divorce settlement agreement that cannot be modified four months later when your spouse wants to lower alimony, then you need to document that divorce settlement agreement so that it will be “legally binding.” If the terms are not clear, if the intent of the parties is not clear, then the PO is not binding.

In short, if the agreement is clear, then it is “legally binding.”

The rules governing custody and parenting time are also legally binding. You are still required to comply with the order. Custody agreements are basically plans “for the best interests of the child.” Although the parent’s “best interests” may be conflicting, that does not lessen the importance of following the guidelines set forth in the agreement.

This is the purpose of the legally binding nature of a purchase order. Look at the electronic format used by many companies. They are clearly spelled out in a standardized format with minimal opportunity for misunderstanding.

There are many examples of this in your daily life. Work typically requires clarity. If there is a verbally-agreed contractual relationship, then it is written. This is why business contracts are needed:

That is how – and why – the purchase order is legally binding. Because it takes thought, and is not something that can be changed once implemented.

This is why I encourage my clients to be precise with their settlement agreements. If you do not take care to structure the settlement agreement properly, visitation time with children may be flexible due to “ambiguity.” What that means is that the parties may have reached an understanding during mediation, but that understanding was not made clear in the legally binding agreement.

The extent to which the parties’ understanding is reflected in the agreement matters. If the court can piece together what the understanding was, then the agreement will be upheld.

Understanding Board of Directors Confidentiality Agreements

Whether you are simply wanting to learn more about the inner workings of corporate structures and the corresponding legal requirements, or whether you want to leverage this knowledge to help get your divorce settlement approved by the court, knowing about a comprehensive board of directors confidentiality agreements is clearly in your best interests. One area of particular focus when negotiating a divorce settlement agreement is whether certain knowledge possessed by one spouse will negatively impact the holding spouse’s (the “Parent”) ability to gain custody or other benefits of the child. Pulling information from Board of Director confidentiality agreements into your divorce settlement agreement can significantly impact the custody and maintenance options available to the Parent.

Defining a Board of Directors Confidentiality Agreement

A board of directors confidentiality agreement is a contract between the board of directors (the “Board”) of a corporation and the corporate shareholder. It grants the Board control over the certain personal data of the corporate shareholder and imposes restrictions on the Board concerning how it can disclose and use that information. Boards are also required by state and federal law to safeguard certain information about corporations, including information relating to trade secrets, financial information, customer lists, and procurement records.

How Confidentiality Relates to Family Law

Corporations are required by law to keep certain information confidential with respect to shareholders and the public. This obligation can be further defined by a Board of Directors confidentiality agreement. When one parent’s ability to gain custody of the children is tied to his/her ability to maintain confidentiality of his/her employer’s information, knowledge of the company’s confidential information is particularly important. Having the Office of Parent Counsel open to this information may allow the Office of Parent Counsel to iron out difficult negotiations relating to child support, assets, and custody of the child. Other child support or maintenance issues may arise as a result of knowledge concerning Board-level decisions. Board-level decisions may include decisions relating to which employees are eliminated in a layoff. If you are negotiating a divorce settlement with a spouse who sits on the Board of Directors of a major public corporation, for example, his/her ability to “stay off the cutting block,” could impact the amount of child support available to pay a sizable alimony payment.

Potential Complexities of Caregiving Remuneration

Many corporations offer the opportunity for a parent to take a paid leave from work due to incapacity. In some cases, the parent can elect to pay someone to care for the child during the time that they would have spent the day at work. The amount that the corporation is willing to pay and the contract entered into between the Parent and the care-giving individual could impact the settlement agreement.

Common Questions and Misconceptions

In some cases, a Board of Directors confidentiality agreement requires the Parent to repay the corporation if he/she discloses confidential information. Relate this to your settlement agreement to avoid negative consequences resulting from violations of the Agreement. In some cases, corporation laws are overly burdensome and restrictive. Rather than impose these restrictions on your already fragile negotiations, try to incorporate these terms into the settlement agreement so that your needs are met and legal consequences avoided.

Tips and Tricks for Clients

Keep an eye on the information available to the public concerning corporate board meetings. In some cases, this information can be helpful in negotiations. Know the rules of your spouse’s corporation. Whether they are outlined in the appropriate agreement or in bylaws, you must know the rules. Not only will this information help you better understand the complex corporate issues at play, but it may also allow you to better understand why certain decisions have been made.

An Attorney for All Your Legal Needs

At the Law Office of Scott L. Levine, P.A., we are all too familiar with the complexities of Board of Director contracts and employment agreements. We are compassionate and educated professionals who take the time to learn about your situation and incorporate your goals into an outcome that works for your family. Contact us today for more information about how you can incorporate your spouse’s Board of Directors confidentiality agreement into your divorce settlement agreement.

If you have a family business or run a household with at least one shared property, assets, or similar resources, hiring an operating agreement lawyer can provide you with several advantages. Although an operating agreement can offer insight into a partnership, structure to an LLC, or protection for an estate, those who have never dealt with one may not understand all of the potential benefits. By providing as much detail about your family’s assets as possible, you can ensure that they remain in the right hands when the time comes.

Many people assume that legal agreements are limited to business entities and wealthy estate holders. In reality, however, many family-run businesses and households benefit from having operating agreements in place. When defining the terms of an arrangement, it’s important to keep in mind that the agreement will only be as useful as the details that you include. Your operating agreement should therefore describe not only the parties who are involved, but also the rules by which they must abide.

To this end, operating agreement lawyers understand the value of having a written contract in place to protect the interests of all involved parties. Towards this end, you should hire an attorney who specializes in all aspects of family law. Having a general family attorney won’t cut it, as you’ll only be setting yourself up for failure when an issue arises down the line. Unsurprisingly, hiring the wrong attorney to draft an operating agreement can have disastrous results.

Some of the most vital situations in family law where an operating agreement lawyer can help include: Many families will save themselves considerable heartache and financial strife by working with an operating agreement lawyer who understands family law. Avoiding these problems generally amounts to far less work than allowing them to fester.

The ability to eliminate disputes is one of the primary benefits of having an operating agreement in place. For example, if you run a family business with multiple partners, conflicts might arise over everything from profit-sharing and revenue to work schedules and responsibilities. Thanks to the specificity of operating agreements, you can outline how each partner will be compensated, what type of work they’ll be expected to perform, and how long they’ll maintain their tenure with the company.

To eliminate disputes related to real estate or other jointly-owned properties, your operating agreements can still provide protection by addressing what happens to your assets in the event of a divorce, bankruptcy, or other major life changes. For unmarried partners, having such agreements in place can ensure that neither half of the couple is left footing the bill for the other once the relationship has ended. In the worst cases, you could even lose out on your real estate or business venture entirely.

Strong operating agreements are especially important for unmarried couples and others who might not have access to the more traditional legal protections of marriage. Having third-party documentation of your agreed-upon terms is beneficial in protecting your best interests as a couple or as a family. Thanks to the support of an experienced operating attorney, you can rest assured knowing that all of your best interests are being protected during the entirety of your relationship.

If you’re worried that a divorce or separation will destroy the assets or property that you currently enjoy, operating agreements can do an excellent job of maintaining the status quo during your most tumultuous times. Whether you’re trying to get through this rough patch in your relationship without an official separation or seeking to maintain stability for your children during a divorce, having an operating agreement lawyer in your corner can be hugely beneficial.

When you run a family business or own a house and jointly-held property with at least one partner, having the right operating agreements in place can make all the difference. If you’re contemplating ending your relationship, you can prevent many of the issues that plague divorces by hiring a qualified operating agreement attorney to help you establish boundaries.

To get a general idea of what moving forward with an agreement will look like, you should consider seeking out a free consultation from an operating agreement lawyer. Among other things, this will allow you to get a feel for whether or not this attorney is someone you can trust with your sensitive family matters. It’s best to hire an attorney with experience in operating agreements in Pittsburgh, as these specific agreements vary by region.

For more information on family law and operating agreements, you can visit Wikipedia.

A co ownership agreement sample is a key legal tool in real estate transactions across the country. However, they are also a critical element of family law, often coming into play during divorce and child custody negotiations. When spouses or domestic partners wish to acquire property together, enter a joint mortgage or both, a co ownership agreement is an essential document to ensure that all parties understand their potential rights and obligations in regard to the property. The terms of the co ownership agreement may be very simple or quite complex, depending on the unique case at hand and the underlying motivations of the parties. An experienced family law attorney can give counsel during the negotiations and help the parties to create a co ownership agreement that meets their needs.

Co ownership agreements can clarify the terms of ownership of a property and spelling out actions that must be taken if a co-owner of the property wishes to sell their share. The co ownership agreement might set forth rules for buying out a co-owner’s share (if the other co owners don’t want to purchase it) or selling the share to a third party. It can also specify what happens if a co-owner should lose his or her ability to make mortgage payments.

Even though most spouses are not used to hearing about co ownership agreements, it shouldn’t be surprising that they can come into play so significantly in the world of family law. For example, it’s not uncommon for unmarried couples to acquire property together, only to break up and need to level out the interests. Alternatively, some couples at the time of marriage might decide not to merge their finances completely, choosing to maintain property separately. In these and many other cases, a well-written co ownership agreement can be critical.

The co ownership agreement takes on even more importance for couples with children. If the money for the house or other property came from the parents’ joint funds, the co ownership agreement could be a key tool for not only dividing the property but also mediating the terms of child support both now and in the future. This makes such documents invaluable in ensuring fair distributions between co-parents.

A well-written co ownership agreement will certainly take into consideration the best interests of the child. The precise scope of the agreement will most likely depend on the parenting arrangements and the local laws on the matter. However, experts such as Scott L. Levine offer compassionate legal services that take into consideration the client’s life. A do it yourself guide may be tempting at first, but some of the issues with these agreements are that they tend to be generic. You won’t necessarily have the undivided attention of a lawyer who will understand the ins and outs of your situation and create a document that specifically fits your needs. When you work with Scott L. Levine, you can feel confident that you are protected in the future by a co ownership agreement that takes your circumstances into consideration.

A co ownership agreement can get quite detailed. Some common pitfalls involve outlining a direction for the future without necessarily taking into consideration what might happen if circumstances change including if a co-owner can’t afford to keep up with the mortgage, maintenance or taxes. Just as marriages and relationships evolve over time for better or worse, property agreements may need to be changed. A co ownership agreement might also address how married couples might deal with property division in the event of divorce. Even if they have a prenuptial agreement that includes property division, supervisors of the original agreement can prevent the couple from having to make a court appearance, saving them time and emotional distress.

Just as with prenuptial agreements, a generic template is simply not sufficient. It’s important to have an agreement that addresses your specific inequality or situation. This type of document can be quite beneficial to married couples, domestic partners and even business partners who may be involved in a “conscious uncoupling,” to use Gwyneth Paltrow’s phrase. When parties choose to enter into a co ownership agreement sample with qualified guidance, they can rest easy knowing that they will not be involved in a bitter and costly court battle in the future.

For more information on co-ownership agreements, you can visit Wikipedia.

When it comes to legal malpractice and litigation, one may think that the outline of cases is similar to that of another field, such as taxation or environmental law. Not so – in fact, the overlap of family law and legal malpractice is staggering. For example, see Scott L. Levine’s Family Law site, where his slogan is “Dedicated to Compassionate Counsel”. In this sense, in addition to family law issues, when working with the right attorney, a trusted client can work with the expert or specialist to support the family law process, while also relying on said expert or specialist to provide expertise in lawyers for legal malpractice situations.

Choosing the right attorney for a legal malpractice suit is essential. Experts observe that of the reported cases, almost half of them never get beyond the pleading stage because the plaintiffs failed to recognize the complexities involved with legal malpractice suits. Cases become especially complicated when there are family law issues involved in any legal malpractice case.

For example, if you are having issues with your will, and the lawyer who wrote it made mistakes or failed to properly address certain issues, the legal malpractice may even be combined with a contested will. The likely scenario here is that the favorite child may have neglected to inform the other children regarding the age old question of the balances remaining or accounts in banks, until it is too late. Legal malpractice in this type of case has become common.

For more information on legal malpractice, you can visit the Wikipedia page on legal malpractice.

Understanding Breach of Contract in Family Law

A great deal of family law matters involves contracts: the most obvious examples are divorce settlements and child custody agreements but can also include issues such as adoption contracts. In summation, a contract is a legally binding agreement between parties in which each party agrees to provide services or relinquish items. In family law matters, the breach of a contract is the willful or unintentional failure of any party to:

It is easy to imagine that in family law matters a breach can quickly create chaos and consternation. If you are supposed to receive support payments every month, but fail to receive even one – you may be in trouble. You may now have to be concerned with how to feed yourself and your children. Even where a single contract has no ambiguity as to what it requires of each party, the law itself is often ambiguous as well. For example, what happens when a non-custodial parent is supposed to call to speak to their children every evening at 6PM but chooses, out of turn, to do so at 3PM. Perhaps the children are not ready. Perhaps they cannot hear the phone because their mother is vacuuming. Now the children are angry that they have been stopped from watching television and you are disappointed that the phone call was too brief to make a meaningful connection. If this continued, you might want to take the step of hiring a lawyer to draft an amendment to try and limit the scope on when the phone calls can occur. But why does a contract for this type of matter even exist? Are there not a great many other areas in which the Courts could get involved and tell everyone what needs to happen? Surely, they have more important things to worry about. The issue is that once we involve the Courts in these matters, someone is going to get punished, the gloves will come off, and this situation is guaranteed to escalate. So, the next time the non-custodial parent misses a phone call, we are no longer monsters – we are enemies. What the drafting of those contracts does, whether it be for visitation, child support, division of assets, division of debt, or anything else, is allow each party access to the law in a much more amicable and cooperative manner.

Naturally, the step after the drafting of an appropriately worded contract is the enforcement of that contract. At the point where the Courts need to get involved you need to reach out to your local family law attorney to help review your circumstances and decide the best way to proceed. If you are the one in breach of the contract, your attorney may be able to help assist as to how best to undo the damage, or avoid worse consequences. If you are the aggrieved party, though, your attorney may advise you to write a sample demand letter for breach of contract. A demand letter is an important step that informs the breaching party that they have failed to satisfy their contractual obligations.

This is an opportunity to remind you that Scott L. Levine’s family law practice views the client not as the result of the matter that brings them to our office, but rather as part of the community we are working to protect and preserve. We understand that our clients often come to us in very difficult times in their lives. As such, our job goes beyond just providing the legal services needed to resolve a matter and includes a measure of compassionate sensitivity.

While it may seem counterintuitive, the best way to avoid litigation with your ex-spouse or estranged child if they are in breach of a contract, or more usually a Stipulation or Order, is to first send a demand letter. Not only does sending a demand letter force the violator to acknowledge their actions and give them an opportunity to correct them, but even if that does not work, it has an added benefit. A demand letter serves as a moment of purely communication (typically). So, for example, if you have been having trouble getting your ex to speak to you: if they answer a demand letter then they have just agreed to communicate with you, and the flood gates are open. Conversely, if they refuse to even answer their message, then you have a record of them refusing that communication. So, should you later need to bring this matter before the Court and prosecute your rights after all, then you can do so with the added impact of proof that your ex-spouse or estranged child did have the opportunity and chose not to respond.

What is a good demand letter? What should you include in it? Well, I would very much recommend that you head over to the website listed above. The coming series of articles promise to be highly informative to those interested in the topic of contract breaches. Additionally, by reading the article that can be found at sample demand letter breach of contract, you will be equipped with the knowledge to write a demand letter that is perfect for your needs.

Once the demand letter is sent, there are two potential responses. First, you can receive a reply demonstrating the violator has appreciated the mistakes made and has moved to correct the violations. Such a response would be the optimal result, as it would find you to be justly compensated and receive no further interference from your ex or estranged child. However, the second possibility is that such a response is not received.

If that should occur, you need to meet with a family law attorney who will file a motion before the Court to either obtain an Order enforcing the contract as written or to write an amendment to try and limit the scope of the contract. Again, as a matter of legal services the drafting of that amendment or appearance before the Court is not a service that should be done without the help of an experienced, compassionate family law attorney. This is especially true, of course, in matters involving custody rights.

Again, more often than not, your great family law attorney can more quickly and easily draft a motion than you will be able to do yourself. This is because they will be intimately familiar with how the judge in your area acts, what standard is appropriate, what can reasonably be accomplished for you, and what the cost involved will be. Naturally, it varies from matter to matter, but sometimes such matters can be done for a flat fee.

Understanding Lease Renewal in Texas

When families go through the transition of divorce, custody changes, or other familial events, stability is often the ultimate goal. As a repercussion of the sensitive nature of these changes, even something as seemingly straightforward as lease renewal laws can have significant impacts on housing situations. With comprehensive Texas lease renewal laws in mind, you can find a degree of ease in this process, but by no means should you think that it is low in risk.

Can a Lease be Renewed Automatically?

Although Texas lease renewal laws may be more straightforward than other aspects of renting, there are still some guidelines as to how leases can be renewed. Many Texans default to the idea that allowing a lease to continue its term past the end date could mean that the lease has been renewed for automatic terms-this is not always the case. If you and your landlord sign a lease stipulating that the lease can be terminated or extended without any intervention, then you’re off the hook. However, the way in which a lease can be renewed in a manner that makes it the same risk as a lease for a 10-month term is if your landlord does not wish to initiate a new lease. Let’s run through some examples of how this might work.

Example One

Suppose that your lease is up in a month but you haven’t decided if you want to extend the lease. Even if your landlord does not wish to extend the lease without intervention, you’re not automatically on the hook for signing a new lease. In the state of Texas, leases are considered month-to-month agreements, even if you signed a year-long lease. This means that when your lease is up, you can decide whether or not you wish to renew it with no repercussions.

Example Two

Despite having the ability to determine whether you’d like to renew or not, assume that you simply forget to let your landlord know. While it is definitely less than ideal to forget about such things, you’re still in the clear. You are within your rights to assume that your lease has not been automatically renewed, and if your landlord attempts to hold you to the terms of your old lease, you can dispute it. It is important to remember that Texas lease renewal laws supersede any lease specific agreement between a landlord and a tenant; automatically renewed leases are only ever created if they are specified.

Why You Need a Lawyer Whenever You Rent

While you may be able to navigate Texas lease renewal laws, the fact is that the beginning stages are defined largely by agreements that you make with your landlord. That’s why we recommend that anyone who wishes to rent consult with an experienced attorney to make sure that their interests are protected. Remember, Scott L. Levine & Associates specializes in real estate law-and we can help you navigate the complex world of rental agreements, whether you’re renewing a lease or getting out of your existing one.