Can Your Therapist Opine About Your Custody Case?

2025/06/19

Parents often tell me that their individual therapist, former marriage counselor, or even their child’s therapist should have an opinion about the outcome of their custody case. They’ll ask why the judge cannot just speak to the therapist themselves so that they can let them know what they think is best. Certainly, if the parties agree to listen to the therapist’s opinion, it could theoretically help them resolve the custody case. When it comes to the Court deciding on the custody issue, the treating therapist’s role is not nearly as direct and their opinion not as welcome as the parents may feel it should be. Psychologists and other mental health professionals generally cannot wear multiple hats. Meaning that they either treat or they evaluate, but not both. When they treat, they base their treatment plan on what their patients tell them. In my experience, therapists advocate for their patients. On the other hand, when a psychologist or other forensic professional does a custody evaluation, they use additional information including testing data, information from third parties, the other parent, and corroborating documentation such as school documents, correspondence between the parties, and medical records. A treating therapist who only hears one side of the story doesn’t have a full perspective on the issues. One can imagine that if the treating therapist had this additional information, their opinion about the outcome of a custody matter might differ from an opinion based only upon their patient’s reporting. It is vital for parents to understand the limitations of a treating therapist’s role in custody battles. For courts to decide in the child’s best interest, they require a full and comprehensive picture that cannot be provided by the child’s treating therapist alone. Parents often tell me that their therapist diagnoses the other parent based on their assessment with the child, but this should be taken with a grain of salt. Read More

Pennsylvania Justices Recognize Intent-Based Parentage

2025/03/21

On March 20, 2025, the Pennsylvania Supreme Court recognized “Intent-Based Parentage” as a pathway to legal parenthood in the Commonwealth. In the landmark decision of Glover v. Junior, the court recognized previously unavailable rights of parentage for non-biological parties in cases in which a child was conceived through assisted reproductive technology (ART). In Glover, a married same-sex couple agreed to conceive a child through in vitro fertilization (IVF) using Glover’s eggs and a jointly-selected sperm donor. The parties entered into a contract with a sperm bank listing Glover as the “intended parent” and Junior as the “co-intended parent.” Prior to and during the course of Glover’s pregnancy, Junior attended Glover’s medical appointments and injected Glover with hormones necessary to sustain her pregnancy. The parties entered into an IVF contract naming Glover as the “Patient” and Junior as the “Partner.” The parties engaged counsel to seek Junior’s adoption of the child after its birth, each signing supportive affidavits. Glover’s affidavit stated, among other things: “I am seeking to have my spouse, [Junior,] adopt this child in order to provide this child with the legal stability of two parents…. I understand that means [Junior] will become a legal parent, with rights equal to my rights as a biological parent…. I understand that this means [Junior] will have custody rights and child support obligations to this child if we ever separate in the future….” Prior to the child’s birth, the parties separated, thus beginning the three-year dispute over whether Junior would be confirmed as the child’s parent. In analyzing an ever-evolving body of law, the Court determined that these parties, this child, and those like them fell outside the four existing bases to confer parentage within the Commonwealth, stating, “It is time our precedent evolves to fill in the gap.”  The Court explained, “[N]one of the four paths to parentage [currently] recognized … account for the factual scenario in this case. Read More

Evidence in Divorce and Custody Cases

2024/09/18

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In any divorce and custody case, the testimony of the parties is paramount. Yes, the court may hear from experts in financial cases or a party’s parents or best friend in a custody case who says the party is a wonderful parent. But, in my experience, judges want to hear from the parties to assess their credibility and to get to the central issues in any given case. In divorce cases, the court is required to consider a list of factors for property distribution and a list of separate but similar factors in alimony cases. These factors generally cover “equitable” considerations—meaning what is fair. After all, the court is charged with pursuing “economic justice” in each case. These general concepts include: Each party’s age, health, and ability to work. Contributions to the marriage, both financial and non-financial evidence, such as caring for children. Financial circumstances of each party, especially sources of current and future income. Support by one party of the other party’s education, career or earning capacity. Property brought into the marriage by one party from sources such as inheritances. The standard of living developed during the marriage. Documents such as statements for financial accounts, credit card statements, tax returns, and other financial records will be key; in alimony cases, the budget of the party seeking alimony is also critical. But it is often the testimony of the parties—the story of the marriage—that will drive a court’s analysis of a fair, equitable financial resolution to a case. This applies with even more force in custody cases. Again, the court is charged with applying a set of statutory factors to the facts of the matter. Read More

Understanding Interim Financial Relief

2024/09/06

When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do with the marital assets and debts while the case is pending? Interim relief is not the final, disposition of assets; think of it as a band aid until the case can be concluded, or the parties and the Court can get their arms around what’s involved. An initial consideration is who stays in the residence, or exclusive occupancy of the house. Note: this discussion does not address parties involuntarily removed from a home due to the filing of a petition for protection from abuse. If the parties agree, typically, one party notifies the other that they intend to move. In a perfect world, the parties address how the household expenses will be paid, and there is no need for court or legal intervention. If the parties cannot agree on who vacates, then one or both parties will file a Petition for Exclusive Occupancy of the residence. This relief is only available if a Divorce Complaint is filed, because the Court does not have jurisdiction over the home in the absence of a Complaint. Parties might seek exclusive occupancy when the discord in the residence is too high and could escalate. One or both parties may be unnecessarily intrusive on the other’s peace and quiet in the home. A party might be intercepting the other’s mail or monitoring phones or other devices. Often the deciding factor whether to direct that a party vacate is where there is a negative impact on children. The Court will schedule a hearing on the issue of exclusive occupancy, and it will evaluate why parties seek this interim relief. The Court will hear testimony from the parties, and possibly interview the children. Read More

Top 5 Divorce and Custody Myths

2024/06/19

Whether it is from TV shows, movies, or stories from friends, people who are unacquainted with the divorce and custody process often come to initial consultations with attorneys with certain expectations that are, well, based on myths. Here are the most common myths that have made the top five list: I didn’t work during the marriage so I will receive lifetime alimony: Alimony is available in Pennsylvania, but it is what is known as a “secondary remedy”—secondary to asset distribution. This means that the court attempts to fix financial disparities with assets first—potentially by “skewing” the distribution percentage (giving one party more than 50% of the estate)—which leads to the next myth. Assets are always divided 50/50: Pennsylvania is an equitable distribution state, not an equal distribution state. That means that courts will look at several factors to determine what is fair in an effort to promote “economic justice.” Those factors include contributions to the marriage (economic and non-economic), the relative financial status of the parties, sources of current and future income, and other similar considerations. It may well be that a 50/50 division of assets is fair; but the court can award one party a higher percentage of the estate if the circumstances warrant. The party filing for divorce pays the other person’s fees: Typically, each party pays for their own legal fees. There are several exceptions to this general rule, such as when one party acts in bad faith or there is an extreme disparity in financial circumstances. But those exceptions are somewhat rare. I had an affair so I deserve less/ my spouse had an affair so I deserve more: Although the reasons why the marriage ended are a factor in an alimony case, the “moral” issues leading to divorce increasingly do not move the needle one way or the other. Read More

We’re Divorce Lawyers. These Are The 6 Qualities We Look For In A Romantic Partner.

2024/05/29

Carla Schiff Donnelly was recently featured in “We’re Divorce Lawyers. These Are The 6 Qualities We look For In A Romantic Partner.” which was published in Huff Post, on March 29, 2024. Read More

A House Divided-Who Keeps the House in a Divorce?

2024/05/07

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better question because keeping the house is not always a good thing. Couples hardly ever fight about who gets to stay in the house. During the Separation In Pennsylvania, the party that stays in the house during the separation is responsible for paying the mortgage, taxes, and insurance.  They would also have to pay the utilities and basic upkeep. There can be what’s called a “mortgage deviation” in certain circumstances.  The deviation is a small “bump” in the interim support to assist the party paying the mortgage.  Depending on the amount of the mortgage, a party can be left house poor if they remain in the home. If the party in the residence is the higher income earner, they must consider the amount of support they are paying to their spouse. If your home has a relatively low mortgage, it may make sense to stay if it is less expensive than renting. Consider whether there are children and need to stay in the school district. If neither of you can afford the house without the contribution from the other party’s income, consider placing the house on the market for sale.  You can both live in the home until it sells provided this can be done safely and in a manner not detrimental to the children. After the Divorce After equitable distribution (division of property), it is important to keep in mind that the mortgage deviation goes away and the amount of support you are receiving or paying likely will reduce. If you are the dependent spouse, depending on your ability to earn, the cost of the upkeep of the home and the amount of guaranteed support, if may make sense to downsize.  Read More

This Divorce Trend Is Becoming More Popular With Celebs – For A Good Reason

2024/03/21

Carla Schiff Donnelly authored “This Divorce Trend Is Becoming More Popular With Celebs – For A Good Reason,” which was published in Huff Post, on March 21, 2024. Read More

5 Tips for Better Co-parent Communications

2024/03/12

As a child of divorce, I know there is nothing more heartwarming than when your parents can get along and co-parent well. No, you do not need to be besties with your ex. However, you owe it to your children to strive toward more cordial and respectful communications. Here are some tips: Use “please” and “thank you” It may sound silly, but using these simple words is a great start toward more respectful communication. Once I have clients start using these words in all of their communications, they often improve their overall communication style. Clients often tell me that their ex writes terrible emails or texts. That is not an excuse to write terrible messages back. Rather, it is an opportunity to lead by example. Do not lecture or brow beat You should communicate with your ex to gather and convey information, not to teach lessons. Be real, when was the last time your ex took one of your lectures to heart? Instead of “How many times do I need to remind you not to pack junk food in Billy’s lunch,” try “At the store, Billy picked out some low-fat yogurt cups and trail mix to bring with his lunch. It is such a relief that he found a healthy snack he likes. Let me know if you have any other ideas.” Read your old messages When you want to improve communication, a good place to start is to review your old messages. Ask yourself, are you proud of what you wrote? Was the tone, appropriate?  Would you be proud if your children found a copy of them when they get older? If your answer was not “yes” to these three questions, think about how you can improve your communication. Take your emotion out of it Treat communication with your ex like a business transaction. Read More

Will Your Valentine’s Day Engagement Mean a Prenup in Your Future?

2024/02/16

For divorce lawyers, Valentine’s Day means two things: engagements and prenuptial agreements.  While others are throwing away wilted roses and finishing off the last few chocolates from heart shaped boxes, divorce attorneys are fielding calls about prenuptial agreements. As I discussed in “Getting Married? Four Reasons Why You Need a Prenuptial Agreement,” here are four reasons you need a prenuptial agreement before you exchange your vows: You want to simplify your divorce (if you ever need one); You want to protect your business; You want to protect your home, retirement and other assets; and You want to protect your children’s inheritance in the event of your death. While I am not suggesting you ask for a prenuptial agreement on Valentine’s Day, it is never too early to start thinking about whether you need one and what you want to protect. It is no fun to be doing last minute wedding planning and negotiating a prenuptial agreement at the same time. Get it done so you can focus on the fun stuff: the wedding, honeymoon and the marriage! If you are interested in finding out whether you need a prenuptial agreement, contact us to get started. Read More