Pennsylvania Family Law Blog

A timeonline.com article reports that a former Beaver County mother was sent to jail for up to six months for violating court orders when she took her son to Turkey without legal permission and then did not return until four years later. The woman had ignored multiple court orders demanding that she return her 11-year-old son to Beaver County.

When the couple initially separated in 2006, the mother was granted primary custody and the father was given visitation rights. Later that year, the mother took their son to Turkey for a vacation but did not return, despite a court order that stipulated they had to be back by the end of summer.

Subsequently, courts in both Pennsylvania and Turkey ruled that she was in violation of the custody order and was required to return to Beaver County with her son. She and the boy returned in late January 2010 so that she could attend a contempt hearing. The judge granted the father temporary primary custody and the mother was sentenced to jail.

It is not uncommon for parents to want sole custody of a child after a separation. There are many reasons a parent might be compelled to keep a child away from the other parent. If domestic violence or child abuse is a factor, there are legal avenues to pursue to protect the child. Whatever the case, spiriting a child out of state or out of the country only complicates the matter, and as in this case, may work against the parent who is trying to maintain full custody.

While all custody disputes have a measure of complexity, cross-state and international cases are particularly difficult. The experienced Philadelphia child custody family lawyers at Sheryl R. Rentz are equipped to defend your rights as a custodial parent and to safeguard the well-being of your child. Please call the Law Offices of Sheryl R. Rentz for a free and confidential evaluation.

Source:http://www.timesonline.com/bct_news/news_details/article/1504/2010/february/02/mom-jailed-over-custody-dispute-could-be-released-friday.html

According to an article published at www.publicopiniononline.com, a Franklin County judge gave a toddler’s parents joint custody in a temporary custody order, and then scheduled another hearing to determine permanent custody. The decision was made during a hearing to determine whether Colorado or Pennsylvania has jurisdiction in the case.

The child was born in Colorado but has lived with his paternal grandmother in Waynesboro, Pennsylvania for the last four months. In a special arrangement between the grandmother and mother, the child was to stay temporarily while the mother was on bed rest due to her current high-risk pregnancy. When the mother came to get her son last month to take him home to Colorado, the grandmother refused to turn him over. The father then filed for custody. The father acknowledged that he was not named on the child’s birth certificate and did not have custody of the child. Under the temporary order, the child will be turned over to his mother when she arrives back in Pennsylvania. The article states that a final appealable custody order is expected to be issued August 6, 2010.

If you or someone you love is involved in a custody dispute, we understand that these family matters are almost always emotionally charged. Parents usually need help navigating through Pennsylvania child custody laws. All parties involved in a custody dispute typically need legal counsel and representation. Often, as it is with the child custody case above, paternity issues arise as well. The law offices of Sheryl R. Rentz can facilitate the establishment of paternity as well as the custody agreement. With our many years of experience in Pennsylvania family law and child custody, we have the necessary skills and knowledge for a successful outcome in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source:http://www.publicopiniononline.com/ci_14362629

A Virginia woman failed on Friday to surrender custody of her 7-year-old daughter that she shares with a former lesbian partner of over 4 years, defying a Vermont court’s order. The New York Times reports that the woman was ordered by a Vermont judge to surrender custody of her daughter to her former partner at 1 P.M. on Jan. 1, 2010 at the home of the woman’s parents in Falls Church, VA. However, the Virginia woman failed to show up at that time. The whereabouts of the woman and the girl are unclear at this time and Vermont police will likely issue a warrant for her arrest.

According to The New York Times, the Virginia woman was first awarded custody of the couple’s daughter and her former partner was granted liberal visitation rights. After she repeatedly denied her former partner those visitation rights, a Vermont judge found her to be in contempt of the court and awarded full custody to the former partner in Nov. 2009.

Same sex custody cases have been rare in Pennsylvania, but they do come up from time to time. Same-sex custody cases are handled the same way as when a non-biological parent seeks shared custody. If it is in the best interest of the child, the parent will end up getting some measure of custody.

Child custody issues are extremely complicated. It takes an experienced Pennsylvania child custody attorney to guide you through the legal process and protect your rights. If you are facing child custody issues, please call Philadelphia child custody lawyer Sheryl R. Rentz at 610-645-0100 for a free consultation and case evaluation. The attorneys at the Law Offices of Sheryl R. Rentz are here to help.

Source:http://www.washingtontimes.com/news/2010/jan/02/fairfax-woman-fails-surrender-child-ex-partner/

Police report that a woman accused of kidnapping her children has been arrested after eleven years on the run. An arrest warrant was issued in Spokane, Washington in 1998 for a 48-year-old woman who was recently arrested in her Milton, Pennsylvania home December 29, 2009. She left with the children when her ex-husband was awarded custody after their divorce. The woman claims she was a victim of domestic violence and her children, now 15 and 17-years-old, were sexually abused by their father. Police believe these claims have no merit; however, these kinds of situations are very complex and require thorough investigation.

Even though this kidnapping took place in Washington State, custody disputes are all too common in Pennsylvania. Separation and divorce are difficult enough situations, but when children are involved, emotions can run very high. Nevertheless, it is never appropriate to take a child away from the custodial parent, even if your intention is to protect the child. There can be serious legal ramifications. Obtaining a custody order by a court in Pennsylvania is the key to a secure future custody of the children.

Pennsylvania laws surrounding child custody after a divorce or separation are extremely complex. Finding an experienced Pennsylvania child custody lawyer that can help you with your child custody issues is paramount. Whatever your child custody situation, Sheryl R. Rentz can help you. The Law Offices of Sheryl R. Rentz has successfully handling child custody cases for many years. Contact us today for a free consultation by calling 610-645-0100.

Source:http://www.allvoices.com/news/4899801-woman-arrested-in-pa-on-wash-kidnapping-charges

Every day in Philadelphia hundreds of victims of domestic violence turn to one of the four main domestic violence agencies in the city. These include Women Against Abuse, Women in Transition, Congreso de Latinos Unidos, and Lutheran Settlement House. On some days, the number of victims seeking assistance in Pennsylvania is nearly 2,500. You can visit this website for more information: http://www.helpwomen.org/pr/DV08Sum.pdf.

The Philadelphia Police Department is investigating new ways of strengthening their partnerships with the agencies mentioned above by scheduling follow-up visits and making referrals after 911 calls. Help is available to victims, but services are also offered to abusers as well. Most abusers were victims in their lifetime, and counseling and education are available to help break the vicious cycle.

The Philadelphia Police Department estimates that nationally, nearly 4 million women suffer some kind of domestic violence by an intimate partner every year. The Philadelphia PD has a very informative website at http://www.ppdonline.org/prev/prev_pers_dom.php on personal safety and crime prevention that identifies domestic abuse clearly.

Domestic violence is a complex issue with many facets. It is not something just between couples, but also can have drastic influences on children and siblings. Though it is less common, men are battered by their female partners as well. Same-sex couples also experience a high rate of domestic violence.

If you or a loved-one has suffered from domestic violence, the experienced Pennsylvania domestic violence attorneys at the Law Offices of Sheryl R. Rentz know how overwhelmed you may feel. Our skilled lawyers will be able to assist in navigating through the legal system so that you may end the abuse and have a safer home. Call 610-645-0100 for a free consultation of your case.

Source:http://www.philly.com/philly/health_and_science/20091229_Phila__rethinks_how_police_probe_domestic_abuse.html

According to an article in the Philadelphia Inquirer, Philadelphia experienced a dramatic surge in domestic murders in 2009. While the overall homicide rate in the city dropped 23%, domestic murders were up by an alarming 67%.

When a Philadelphia police officer responds to a domestic violence call, the officer does not have any information about the history of domestic violence in that home, such as the number of previous domestic abuse calls, or whether someone living there has an active restraining order. If there are no obvious signs of violence, an officer can only leave behind a business card with hotline numbers, but offer little else in the way of help to the victim.

In response to the spike in domestic homicides, the Philadelphia Police Department is examining new ways for police officers to investigate, report, and make referrals in domestic abuse cases. The information police gather will allow domestic violence detectives to classify the seriousness of the call and decide whether follow-up is warranted. This will also improve police department partnerships with domestic violence agencies so officers can do more than just hand out a card.

Domestic violence affects not only the victim, but everyone who cares about that person. It affects families from all walks of life, ethnicities and socio-economic levels. At the Law Offices of Sheryl R. Rentz, we can help you secure a restraining order in Pennsylvania against your abuser. Whether you need to file a domestic abuse charge or are involved in a dispute, please contact experienced Philadelphia domestic violence lawyer Sheryl R. Rentz for a free and confidential consultation.

Source:http://www.philly.com/philly/health_and_science/20091229_Phila__rethinks_how_police_probe_domestic_abuse.html

Financial responsibility after a divorce, particularly after the loss of a spouse or ex-spouse, is also connected to survivor benefits if a spouse or ex-spouse passes away. Our previous two blogs addressed a few important issues regarding how divorce may or may not affect your social security. We now turn our attention to whether or not an individual may collect spousal or ex-spousal survivor benefits. Generally speaking, if you are divorced, and if you remarry before the age of 60, you are not allowed to collect a survivor benefit based on the earnings of your deceased ex-spouse for the duration of that new marriage.

A few other factors that may influence whether you qualify to obtain survivor benefits relate to your age and how long your marriage lasted. For instance, you may be able to receive survivor benefits beginning at the age of 60. However it should be noted that you may be able to receive these benefits before the age of 60 if you are at least 50-years-old and disabled.

In order to qualify to receive survivor benefits when an ex-spouse dies, your marriage must have lasted for at least 10 years. You also must not be entitled to a higher benefit based on your own personal work record. If a child is still at home with you, this may contribute to eligibility. However, you may be able to receive an increase in payment if you get benefits based on your own work and then are widowed. You can contact the Social Security Administration to discover if this applies to you.

At the Law Offices of Sheryl R. Rentz, our dedicated and knowledgeable Pennsylvania family law attorneys have assisted many individuals going through a divorce determine the best course of action for their particular situation. We understand that several factors influence a divorce and that you need an attorney with many years of experience in Pennsylvania family law who can help you in an efficient and timely manner. For a free consultation, please call Sheryl R. Rentz today at 610-645-0100.

In Part Two of our blog series discussing how divorce may or may not affect your social security, we will discuss what role time and age may play in social security and divorce. Based on a recent Wall Street Journal article, it is helpful to note that an individual who has not yet arrived at his or her full retirement age may receive a percentage of the monetary gain he or she would be entitled to get at that time.

When taking into consideration the benefits you are provided by your own work earnings, what is owed to you would generally have to be less than the benefits you would be given through your spouse’s work benefits. An exception to this is that if you delay filing for Social Security until your full retirement age, you can limit the degree of your application to your ex-spouse’s benefit only. In doing this, you can also maintain accumulating credits for postponing your own retirement benefit up to the age of 70.

Please note that if your ex-spouse obtains a payment based on your profits, your personal Social Security benefit should not be affected at all. For example, whether a person is still married or recently divorced, if subject A applies for benefits from Social Security based on subject B’s earnings record, then subject B’s benefits should not be altered, reduced, or penalized because of subject A’s application. Let’s say these two subjects divorce. Subject A can still apply for benefits and the circumstances would remain the same, even if subject B remarries and the new spouse applies for benefits based on subject B’s record.

If you require more details regarding how divorce may influence your financial stability, please contact Sheryl R. Rentz for more information. At the Law Offices of Sheryl R. Rentz, our skilled Pennsylvania family law attorneys have a wide range of legal knowledge and skill, lending us the experience that you need to be successful in your family law efforts. Call 610-645-0100 today.

As a Philadelphia family law attorney, I am often asked whether or not a divorce will affect social security benefits. This is a question that many individuals encounter throughout the United States, including Pennsylvania. From my experience as a divorce lawyer, and according to a Wall Street Journal article, there are a few points that may help clear up any confusion regarding social security retirement benefits based on an ex spouse’s work record.

In Part One of our blog series discussing whether or not a divorce will affect your social security, we will discuss four universal conditions that you must meet in order to obtain social security retirement benefits from your ex-spouse’s income. They are as follows:

1. You cannot be re-married
2. You had to have been married for at least 10 years
3. Your ex-spouse has to be allowed Social Security retirement or disability benefits
4. You must be at least 62-years old

In addition, some individuals may wonder if their retirement benefits will be reduced because of an ex-spouse’s entitlement to a portion of these funds. If an ex-spouse is to receive a part of your benefits, any sort of decrease should not be seen in what finances you are entitled to when you retire. Divorce affects lives in many ways but it does not have to turn your life upside down or burn a hole in your pocket. One of the most important things you can do is to stay informed about your legal options and know what factors, if any, may influence your financial stability.

If you or someone close to you is thinking about filing for divorce in Pennsylvania, seeking legal counsel from a skilled Pennsylvania divorce lawyer may be a productive step in the right direction. At the Law Offices of Sheryl R. Rentz, our family law attorneys know the ins and outs of Pennsylvania law as it pertains to family law, including divorce, spousal support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation.

Philadelphia family court is offering amnesty to the thousands of parents who have bench warrants for outstanding child support payments, according to a kyw1060.com report. The court’s administrative judge announced that beginning November 12 and ending on November 18 at 4pm, parents with outstanding bench warrants are free to come in without worrying about being arrested. Parents should note that they will still have to pay their child support debt.

Based on the article, the judge stated, “We will in fact withdraw your bench warrant and we will register you for a court hearing so that you can come back into the courthouse and meet your obligations.” This is definitely a break that parents owing child support may want to consider, especially since the court is working with Philadelphia fatherhood organizations to help fathers without jobs acquire employment training and find jobs. The opportunity to obtain long-term employment and benefits is a step in the right direction to ensure that parents receive the financial support they need to take care of their children.

Approximately 5,100 individuals have bench warrants against them, and they roughly owe a combined $48 million in child support. After November 18, bench warrants will be enforced once again for parents who are behind on their child support. Parents who would like more information can contact Philadelphia Family Court at 215-686-9300 or through email at philaamnesty@pacses.com.

Falling behind on child support payments has become a bigger problem in Pennsylvania and throughout the nation ever since the economy took a down-turn. Nevertheless, trying to doge paying child support or turning to procrastination instead of finding a solution are not productive courses of action. At the Law Offices of Sheryl R. Rentz, our Philadelphia child support lawyers have assisted many parents in receiving child support from the other parent so that children can be properly cared for and given the financial support they need. For a free consultation of your child support or family law case, please call Sheryl R. Rentz today at 610-645-0100.

Source:http://www.kyw1060.com/Phila–Offers-Reprieve-for-Parents-Behind-in-Child/5661605