Family Law Blog

Pittsburgh, PA, Divorce & Family Law Blog

Welcome to the blog for the Law Offices of Scott L. Levine, LLC, an information source for Pittsburgh Family Law news, PA and Allegheny County Family Court developments and articles on specific domestic relations law topics including custody and child support updates.

Law Offices of Scott L. Levine, LLC
6425 Living Place – Suite 200
Pittsburgh, PA 15206
412.303.9566

Archive

Please freely browse the rest of this website for general information or call us to schedule a meeting to discuss your specific questions.

Contact us to schedule a free consultation with our family law attorney. We proudly serve clients in Pittsburgh, Pennsylvania, and Allegheny County throughout Western Pennsylvania.

Spring Clean Up – Refreshing Family Law Cases

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thaw out older cases that had been hibernating perhaps over the Fall and Winter months, to revisit and refresh older or outdated Orders for Child Custody and Support, and to move along Divorce cases that had been sitting without any progress.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)

Glover v. Junior – Intent Based Parentage

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.

Kayden’s Law – Update and Practice Tips

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.

THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL – Scott L. Levine, Esquire

Scott L Levine, of Law Offices of Scott L. Levine, LLC, has been selected to the 2023 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

AFSP – Out of the Darkness – University of Pittsburgh Campus Walk

We are proud to announce that our 13+ year support for the American Foundation for Suicide Prevention (AFSP) continues with our sponsorship of the second annual AFSP – Out of the Darkness – University of Pittsburgh Campus Walk.

To date we have been a part of teams that have raised tens of thousands of dollars for suicide prevention and mental health awareness, and are honored to be able to partner with our Law School Alma Mater to continue expanding our dedicated efforts supporting a cause near and dear to us.

We have maintained links to many helpful related resources on our Free Resources page and always encourage anyone to utilize the many people and places that exist for those who are suffering silently. We seek to end the stigma and look towards education, outreach and assistance to all those that they would benefit. It takes courage to stand up and ask for help, but it is worth it.

Our Pittsburgh, PA Family Law difference; Chat for free before there’s a fee.

Chat for free before there’s a fee™.

Many years ago, when I started my own firm, I sought not the perceived prestige, but doing right by the people sitting across from me at my conference table.

As time has passed my passion for service and helping others has only grown. I liken it to all the enthusiasm of a new lawyer tempered with the battle tested, hardened experience that’s only gained from the tests of time.

What you get from me:

  • Approaching 20 years of experience.
  • The understanding that there is no substitute for experience
  • Perspective, wisdom, knowledge.
  • A free consultation to see if we’re a good fit for each other.

More options for clients.

  • I offer boutique concierge type services.
  • Small and narrowly tailored Pittsburgh Family Law counsel, focused on client satisfaction.
  • An established brand with cutting-edge systems.
  • Mobile. Agile.
  • Direct lawyer contact without needless overhead for outdated staffing models, translating to lower hourly rates.

I don’t take a lot of clients, but the ones I do accept get impeccable, unmatched attention, commitment and service. The results and reviews speak for themselves. Let’s work together for your best future.  Call today: (412) 303-9566.

Allegheny County Family Division – Latest Motions Calendars and Updated Judges Operating Procedures – October 2022

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

 

New PA Child Support Guidelines

Beginning  January 1, 2022, the August 17, 2021, revisions to Pennsylvania Child Support Guidelines will go into effect.

Notable changes include an all-new Basic Child Support Schedule (support table) under Pa.R.C.P. 1910.16-3, which sets forth the total child support for the combined net monthly income of the parties.

Additionally, there are changes to:

  • the presumption of custodial time associated with the basic guidelines;
  • imputed income;
  • expenses and extra-curricular activities; and
  • factors for deviation from the guidelines.

While the changes themselves constitute a material and substantial change in circumstances under which a current Order may be reviewed, the changes may result in a (very) minimal potential change to many cases, while at certain income levels the updated guidelines produce substantial differences to a support calculation.

Also, changing in Allegheny County beginning on January 4, 2022, for new support cases will be the implementation of a two-step process for conferences/hearings. Previously, in Allegheny County, the support conference and support hearing were scheduled for the same day. Moving forward these matters will be handled separately.

The support conferences will continue to be held remotely by telephone (until further notice), but if there is no agreement at the conference level, rather than proceeding directly to a support hearing on the same day, the parties will be given a date for a subsequent support hearing, before a hearing officer to be held in person within two weeks from the date of the conference.

For more information about these changes, how they may impact your support case and to calculate the amount of support owed or received, we are happy to speak to you. Feel free to call us at 412.303.9566.

Allegheny County Court Update – May 25, 2021

The latest Order for local courts dated May 25, 2021 “extends its April 26, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications…effective Tuesday, June 1, 2021 through Friday, July 2, 2021:”

“All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

  • The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;
  • The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;
  • The Civil Division Housing Court Help Desk for assistance to landlords and tenants;
  • The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.”

Family Division is impacted as follows:

“ICC Hearings for incarcerated individuals and certain support contempt matters designated by the Administrative Judge shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible.

Delinquency adjudication hearings for juveniles who request an in-person hearing may proceed in person with as many participants appearing by ACT as possible.

Effective June 7, 2021, any other matters may proceed with the approval of the Administrative Judge, in-person or remotely via ACT (subject to Constitutional limitations). Matters previously scheduled as remote hearings shall proceed as remote hearings.”