Many readers will recall the sagacious approach to life challenges postulated by Vanilla Ice in his seminal (only?) hit song, Ice Ice Baby: “If there was a problem, yo, I solve it (check out the hook while my DJ revolves it. Ice ice baby too cold, too cold).” (Citation omitted).
How on earth could this epistemological font be applicable to a custody case, you ask? Simple.
Our legislature, in its own bout of perspicacity, listed the following as the very first factor that our courts must consider in any custody action:
Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
Vanilla Ice could not have said it better himself: a client walks into your office with a problem in a custody case and, yo, you solve it—with Factor 1 at the forefront of your mind.
Start with this simple truism: children do best when they have healthy (safe) relationships with both of their parents. This may not mean 50/50 in every case, but it means that each parent should take every reasonable (safe) step to promote their child’s (safe) relationship with the other parent. Not only is this mindset beneficial to children; it is also good strategy, because it heeds Vanilla Ice’s wisdom and focuses on the consideration set forth in Custody Factor 1. It also informs attorneys how to prepare for a custody trial.
Unlike almost any other area of the law, custody cases will focus not only on evidence that occurred before the case but also on evidence that develops while the case is pending up to the date of trial. Keeping Factor 1 in mind, courts will expect that each parent has done whatever they have within their respective abilities to solve problems regarding custody, and evidence regarding these efforts will be critical in terms of the court’s determination. Read More
Devotees of the probate code are well aware that 20 Pa. C.S. Section 6111.2 provides that if a former spouse passes away and is either divorced or grounds for divorce[1] have been established, then any beneficiary designation by the deceased ex-spouse in favor of the surviving ex-spouse is deemed ineffective unless the deceased ex-spouse makes clear in an updated designation or in a court order or written contract that the designation was intended to remain effective.
Effective May2, 2023, the Pennsylvania Legislature updated the Divorce Code to require every divorce decree to reference the probate code as follows:
An order accompanying a decree of divorce or annulment of the marriage shall include a provision informing the parties to reaffirm or change the beneficiary status on an existing life insurance policy, annuity contract, pension, profit-sharing plan or other contractual arrangement providing for payment to the spouse if it is the intention of one of the parties to keep or change the other party as a beneficiary. The provision shall also warn the parties that failure to do so may result in revocation of the beneficiary designation pursuant to 20 Pa.C.S. § 6111.2 (relating to effect of divorce or pending divorce on designation of beneficiaries). The provision shall be a form as may be prescribed by general rule.
This language is extremely important in any pending divorce action, especially now that the Allegheny County Court of Common Pleas requires parties to obtain an order establishing grounds for divorce before the Court will hold a final hearing to determine the economic issues arising from the divorce.
In other words, there will now be a gap between the establishment of grounds for divorce—which would revoke beneficiary designations without a further writing—and when the Court issues a final determination as to how assets will be distributed. Read More
You are both good parents and want to spend equal time with your child. You are now faced with the question of which schedule will work best for your child. There are several things to consider.
Consider your child’s age. Older children benefit from longer stretches with each parent and fewer transitions. Teens often do a week-on/week-off schedule exchanging on either Fridays or Sundays. Sometimes the parent with the “off week” has a Wednesday night overnight or dinner visit.
Young children, on the other hand, benefit from shorter “visits” with each parent and more exchanges so that they do not go too long without seeing the other parent. The “2-2-3” schedule is popular in this instance. Parent “A” has the child for Monday and Tuesday nights, Parent “B” for Wednesday and Thursday nights. Parent “A” then has the weekend (Friday night through Monday morning) with Parent “B” then having Monday and Tuesday nights and the pattern continues. The downside of this schedule is that some parents do not like that weeknights change each week so that they cannot take the child to certain activities each week.
Some children benefit from being with the same parent on the same weekdays each week. The “5-2-2-5” schedule is popular in this instance. Parent “A” has the child every Monday and Tuesday nights, Parent “B” for every Wednesday and Thursday nights. The parties then alternate weekends (Friday night through Monday morning). Some parents do not like the stretches of five nights in a row. However, once a child has done the 2-2-3 they can transition to the 5-2-2-5 when they get a little older, often when they begin kindergarten or first grade.
A less popular happy medium between the 2-2-3 and the 5-2-2-5 is the “3-4-4-3.” Each week, each parent has the same three nights and they alternate the “odd” night of the week. Read More
Pittsburgh family law attorney Ken Horoho talks about high net worth divorce, such as the case of NFL superstar Tom Brady and his ex-wife, Gisele Bündchen. In this podcast, Mr. Horoho talks about the importance of prenuptial and post-nuptial agreements, and having a financial planning team in place to protect the interests of both spouses.
Gentile, Horoho & Avalli · High Net Worth Divorce
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While no two divorces are alike, high net worth divorces often have complex financial issues that require specific expertise. Think about it, if you had a parent who thought they had cataracts, you would not suggest they go see their internist. A neighborhood ophthalmologist that treats all sorts of eye diseases would be better. However, a doctor that specializes in geriatric eye diseases and has treated thousands of patients for cataracts, would be the best choice. They would know the diagnosis quickly, be able to explain the process, the risks and the recovery and how best to treat if something goes wrong.
Divorcing your spouse in a high asset case is like removing the cataract. Well, not exactly.
But you do need an attorney that understands how businesses are valued, restricted stock units and other equity awards are divided and taxes are impacted by the division of certain assets.
Yes, an attorney can hire a forensic accountant or value expert to assist. However, if the attorney cannot spot the issues, ask the right questions and analyze the information in light most favorable to you, it is like taking a knife to a gunfight.
More and more, the high net worth divorces I see involve a prenuptial agreement. Again, this is where expertise comes in. Attorneys that only handle “house and pension cases” may be at a disadvantage when it comes to evaluating the enforceability and interpretation of the document. And, if the parties decide they want to attempt reconciliation, a postnuptial agreement may need to be drafted.
What if you do not think your case is high net worth enough to hire a specialist? The beauty of hiring an attorney that has experience in high net worth divorces is that they will understand your case and be able to handle your issues efficiently and with confidence. Read More
Whether it is your job, a new relationship or for any other reason, relocation is a tricky issue. Pennsylvania has a stringent relocation statute, 23 Pa.C.S.A. § 5337, which creates a protocol to follow in order to accomplish a relocation.
The first step is to determine whether the move constitutes a relocation.
A relocation is defined as change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. Obviously, a move from Pittsburgh to Seattle would have a strong likelihood of filling into this definition. However, courts have found that local moves can also fall within the definition. Consider the case of a 50/50 schedule with both parents having equal opportunity to having the child before and after school. A move from Upper St. Clair to Butler could have the effect of impairing the other party’s custody rights.
If your move is a relocation, you cannot move without permission from the other parent or the court.
You are required to give the other parent 60 days’ written notice of your move. The notice is in the form of an affidavit including information such as your new address, reason for the move, and proposed custody schedule after the move.
What if the other party objects? In that event, the court will decide. The party proposing the relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors.
One important factor is the integrity of the purpose of the move. If the court believes that you are moving just to be further away from the other parent, it will hurt your chances. The court will also consider (1) the impact on the child; (2) the child’s family ties where they are and at the proposed location; and (3) the well-reasoned preference of the child given their level of maturity. Read More
There’s an age-old misconception that Family Lawyers do little other than divide up “pots and pans.” Even a casual review of our website will reveal that our practice goes far beyond that. With that being said, what do we do with the furnishings and personal property, sometimes referred to as “personalty,” that couples accumulate over the years? For starters, it depends upon what comprises the contents of the home and whether the furnishings and items of personal property are of such a nature that warrant expert valuation.
Despite whatever sentimental value an item may have to you, the Pennsylvania Courts will value your personal property items at “fair market value.” Fair market value is not the insurance replacement value, nor is it necessarily what a party paid for it. Simply put, fair market value is what a willing buyer will pay a willing seller without any pressure to buy or sell it.
We first need to determine what is in the home. Is an item from a big box retail store or carefully curated from an antique or specialty shop?
For the big box variety, I frequently counsel my clients to attempt to negotiate between themselves. The moment that “expensive” bedroom suite leaves the store, it loses value. Clients are frequently unpleasantly surprised to find out their $15,000 dining room set might only be worth $2000 when the parties separate. Conversely, if the parties have contents of a particular vintage, they should consider hiring a personal property appraiser to come to the home to inspect and value some or all of the contents, which could include the furnishings, fine China, rugs, crystal, and flatware.
Similarly, though the value of most vehicles can be obtained from the NADA or Kelley Blue Book guides, parties might consider engaging the services of a specialized appraiser to assist them in valuing Great Aunt Bessie’s mint condition ’65 Jaguar XK-E. Read More
Ward of the Rings
Who Gets the Engagement Ring if the Relationship Ends?
For many people, it’s the one time in our lives when we’re almost guaranteed a romantic moment. After a successful courtship, one of you takes the big step and proposes marriage. In an instant, you’re transformed from the world of dating to engaged.
And in many cases, there’s a ring involved. An expensive one.
According to the 2021 WeddingWire Newlywed Report, the average cost of an engagement ring is currently $5,500, and 18 percent of engaged couples will spend more than $10,000.
So its kind of a big deal when one of the parties breaks off the engagement. Who gets the ring? Or, if the relationship survives the wedding day but ends in divorce, who owns the ring then?
Both good questions, and surprisingly, both have been decided by the Pennsylvania Supreme Court.
In a 1999 case, Pennsylvania’s highest court found in Lindh v. Surman that an engagement ring is more than simply an expression of love and affection. It’s a “conditional gift,” given in contemplation of a marriage. That means that while the ring is certainly a gift, there is an expectation of a marriage to follow. If the relationship fails and the couple goes their separate ways before the wedding, the “condition” of marriage is not met. Hence, the ring should rightfully belong to the “donor,” or the party giving the ring as a gift.
So far, so good.
But what if the condition of a marriage is met, the couple exchange marriage vows, are legally married, and decide to divorce later? What becomes of the engagement ring then?
In Lindh, the Court found that once the marriage takes place and the “condition” is met, the engagement ring is no longer a “conditional gift,” but rather a “completed gift,” meaning it rightfully belongs to the recipient. Read More
May is Mental Health Awareness Month. A month dedicated to raising awareness regarding mental health resources and helping to reduce the stigma around mental health struggles. Of course, legal battles occur all year round, and it is important to check in on yourself and your loved ones often. In particular, the weight of a divorce, custody disputes, and litigation over your family’s estate can be significant. Also, despite the number of divorces which occur every year, many people still feel lost and feel unable to process what is happening.
As your lawyer, we can help you through the legal process, explain the steps, give you advice, strategize, and plan.
And while it may feel sometimes that we are also your therapist, we are not. That said, as family law and estate planning attorneys, we are in a unique position to have a network of mental health professionals from whom we can obtain referrals.
A mental health professional can assist you in many ways. If you are dealing with a high conflict custody case, many families are referred for “co-parenting counseling” or “family therapy” where the family can attempt to work out various disputes, big and small, which have hampered the family’s ability to work together cohesively for the children.
A mental health professional can also be helpful on an individual capacity with personal, individual therapy to help you digest this significant change in your life. They also can be just a person to talk to, that is unbiased and confidential.
One thing that comes up often in family law litigation is a lack of confidence in your future, which may have nothing to do with the financial impact of what you are going through and may have an underlying cause. A mental health professional can be a resource to work through those fears, help you build on and acknowledge your own worth, strength and progress. Read More
The pandemic has affected different people in different ways. One thing that I have seen during the pandemic is that people are much more focused on the provisions of their estate plan. I guess the pandemic has brought into focus the frailty of life and therefore people want to make certain that they have adequate plans in place. Some people are creating an estate plan who had not previously done so and other people with comprehensive estate plans are reviewing them to make certain their decisions contained therein are still appropriate. Below I will set forth some things everyone should think about in reviewing or creating an estate plan.
Who are the beneficiaries? Most people provide for their spouse and/or children in the estate plan. One of the considerations is whether the beneficiaries receiving gifts are of sufficient age and sophistication to receive assets outright. If not, we frequently use a Trust to provide someone (a Trustee) to handle the assets and distribute funds to the beneficiaries pursuant to the terms stated in the estate planning documents. Estate planning becomes especially difficult for individuals who do not have a spouse or even more difficult for those who do not have children. Frequently people in those circumstances avoid estate planning because the decisions as to who are to be the beneficiaries are very difficult for them to reach. Sometimes it involves charities and sometimes it involves more distant relatives or friends. It is frequently the case that we need to have several consultations to work through making those decisions.
Who are the Representatives? Under every Will there needs to be an Executor appointed who stands in the shoes of the Decedent after death and accomplishes the collection of assets, payment of bills and after all debts and taxes are paid, making distribution to the beneficiaries identified in the Will. Read More
August 15, 2024
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 27 lawyers have been named as 2025 The Best Lawyers in America® and Ones to Watch.Read More
May 17, 2024
Pietragallo is pleased to announce that 24 lawyers have been named to the 2024 Pennsylvania Super Lawyers and Rising Stars list. Read More
