Lieberman & TamulonisFindLaw IM Template2024-03-06T19:02:04Zhttps://www.zltlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101605/2022/03/cropped-site-icon-blue-32x32.jpgOn Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493262024-03-06T19:02:04Z2024-03-06T18:57:24ZMental illness
Let's begin by defining mental illness. The term mental illness refers to a wide range of conditions that impact a person's thinking, feeling, behavior or mood. Examples of mental illnesses include:
Depression
Anxiety
Bipolar disorder
Schizophrenia
In Pennsylvania, the courts prioritize the best interests of the child. While in many cases the parents work issues of custody out themselves, sometimes they do not agree and the court has to decide.
When the court evaluates a case that involves a parent who suffers from a mental illness, it looks at how the illness might impact the child's safety, welfare and development.
The severity of the illness is a significant factor, as is the type of condition the parent has, the symptoms and whether the parent is under treatment and is compliant.
Court's intervention
If a parent shows they have no interest in treating their mental health condition, and the illness is clearly severe in the eyes of the court, the judge will likely make a determination to protect the child from that.
Pennsylvania law does not aim to separate children from their parents. In fact, the courts always prefer their children to be with their parents whenever possible, if they are safe and if the parents can care for them, but in cases where a parent cannot, the court must get involved for the safety of the child.
To summarize, in these cases, the courts usually look at:
Severity of the parent's illness
Evidence of the parent's ability to parent their child
The child's relationship with the parent
The impact the illness has on the parent's abilities
Protective measures to ensure the child's safety
Each case is unique, which is why there is no clear-cut answer regarding what the court will decide in your case. If you suffer from a mental health condition, know that one out of five Americans lives with a mental health condition.
It is critical to have dedicated, competent representation that will advocate for you in court and make the best case for you. Showing the court that you can be the parent you want to be could make the difference between getting full physical custody and getting parenting time.
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A parenting plan is an essential tool for co-parenting after a divorce. It guides parents on how to navigate custody, visitation and communication arrangements. Creating this plan in detail with your children’s best interests in mind is crucial. A plan lacking in key details can lead to misunderstandings and disputes.
That said, here are three other common mistakes to avoid when drafting your parenting plan to ensure it's comprehensive and effective.
Overlooking your child’s unique needs
Every child is unique, and the parenting plan should reflect that. It should cater specifically to your child’s needs rather than following a generic template. Here are the fundamental details you should incorporate:
Physical and legal custody arrangements
Visitation schedules, including holidays and vacations
Approaches for handling changes or modifications to the plan
Procedures for resolving disputes or disagreements
Beyond these practical aspects, consider their age, personality, school schedule, extracurricular activities and any special needs they may have. A customized plan that considers these factors can better help your child transition from a shared household to co-parenting.
Not planning for future changes
While focusing on the present is essential, don’t forget to plan for the future. It’s a common mistake to create a plan that only suits current circumstances. As your child grows, their needs and wants will change. So, your plan should be flexible and consider these potential changes, like school transitions and their progression into their teenage years.
Neglecting the importance of clear communication
Clear and open communication is the foundation of a successful parenting plan. Not setting up methods and expectations for communication between parents is a common mistake. Decide on how you’ll share updates about your child, discuss changes and handle disagreements. Whether it's through email, phone calls or face-to-face meetings, choose a method that works best for both of you and causes the least tension.Drafting a parenting plan can become complex when considering legal aspects such as custody rights and decision-making responsibilities. A legal professional can assist you in creating a plan that aligns with state laws as well as your specific circumstances.
]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493192024-02-14T03:42:32Z2024-02-14T03:42:32ZHow to pursue a no-fault divorce in Pennsylvania
Pennsylvania has three grounds for no-fault divorces, but the most common and quickest is the mutual consent of both parties. The judge will wait 90 days after you file for divorce to grant it, and there will be no court hearing. To pursue a no-fault divorce in Pennsylvania, you or your spouse must have lived in Pennsylvania for at least six months before filing for divorce. Here is a basic outline of the steps:
File a divorce complaint: You will need to file a divorce complaint with the court, stating that your marriage has broken down and that there is no hope of reconciliation. You will also need to provide information about your marriage.
Serve your spouse: You will need a neutral adult to serve your spouse with the divorce complaint, and you must have proof of the service.
Wait for your spouse's response: Your spouse will have 30 days to respond to the divorce complaint, so you must wait for their response first. If they refuse to respond, you can continue the divorce without them. If they do respond, you will need to negotiate a settlement or go to trial.
Negotiate a settlement or go to trial: If your spouse responds to the divorce complaint, you will need to negotiate a settlement or go to trial. If you cannot settle on the terms of your divorce arrangement, you may need the court to intervene. Once the court is involved, it becomes a contested divorce, significantly prolonging the proceedings.
No-fault divorce is typically faster than fault-based divorce, as you do not have to spend time and money proving your spouse's wrongdoing. It could be even quicker if it can proceed as an uncontested divorce.
By understanding the process and your options, you can move forward confidently. Worry less about the legal process and focus on your own healing.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493152024-02-07T21:16:46Z2024-02-08T21:16:39ZMaterial defects
State law mandates that sellers disclose any material defects in the property. This includes issues that could substantially affect the property's value or pose potential safety hazards. Sellers should openly communicate about structural problems, water damage issues with the roof or foundation and other significant concerns that may impact the buyer's decision.
Environmental hazards
Sellers must disclose information regarding environmental hazards on or near the property. This includes details about radon levels, lead-based paint, asbestos or any other hazardous substances. Being transparent about these potential risks ensures that buyers can make informed decisions regarding the property.
Previous work
Sellers must also disclose any previous repairs or renovations conducted on the property. This encompasses not only recent renovations but also any historical work done. Whether it is a new roof, updated plumbing or a repaired foundation, buyers have the right to know about the property's maintenance and improvement history.
Legal issues
Disclosures must extend to any legal issues related to the property. This includes ongoing disputes, property line disagreements or any violations of local zoning laws. Sellers must inform buyers about any potential legal challenges associated with the property they are considering purchasing.
Water and sewer systems
Details about the water and sewer systems are also important disclosures. Sellers should inform buyers about the source of water, the condition of the well or public water supply and any known issues with the septic system. Providing accurate information about these key components helps buyers evaluate the property's suitability for their needs.
Adhering to these disclosure requirements promotes trust and fairness in the home-selling process.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493132024-01-30T10:27:50Z2024-01-30T10:27:50ZThe assurance of a clear title
A clear title is paramount in real estate transactions, so you may want to hire someone with professional experience and expertise to conduct the title search. Otherwise, you could miss crucial details, which could lead to catastrophic consequences in the long run. Without a clear title, you may not be able to resell the property or even obtain a mortgage. Furthermore, a comprehensive title search could reveal any of the following:
Imagine investing your hard-earned money into a new home, only to find out later that there are outstanding debts and legal strings attached. Such scenarios are not just stressful but can be financially draining to resolve.
The value of knowing the property’s ownership history
By conducting a thorough title review, you can confirm that the property’s past does not contain any hidden surprises that could affect your ownership rights. The seller might not even own the property, and they could disappear once the real owners show up. A title review offers you protection against misrepresentation and fraud.
Reviewing the title of a property is a process that uncovers the history of the property. As a potential buyer, you must ensure that the seller has the right to sell it to you and that no hidden legal claims or liens could surprise you down the line.
Remember, when purchasing real estate, the assurance of a clear and undisputed title is not just a legal formality but the foundation upon which your property rights stand.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493062024-01-17T14:23:23Z2024-01-17T14:23:23Z
If you receive a point on your license, the law may scrutinize your driving more closely. This means that any infractions, no matter how small, can catch the attention of law enforcement and potentially lead to further penalties. By law, you cannot operate a commercial motor vehicle (CMV) if your Commercial Driver’s License (CDL) is disqualified. Disqualification can result from specific offenses or violations.However, it’s essential to understand that you have options. Despite a CDL disqualification, you may still be eligible to drive noncommercial vehicles.
What a disqualification means
Disqualification means you temporarily or permanently lose the right to drive a CMV. This can happen if you commit a major offense or have too many traffic violations. For example, operating a vehicle while intoxicated counts as a major offense. So, any reckless behavior on the road - such as driving too fast, operating a vehicle after consuming drugs or alcohol, or not obeying traffic rules - can cost you your CDL. This can cause problems, especially if your job involves driving commercial vehicles. Without your CDL, you can’t legally drive a CMV and may even lose your livelihood.
Driving a noncommercial vehicle
Despite this, there is some good news. If your CDL is disqualified, you might still be able to drive noncommercial vehicles, like cars or SUVs, that don’t require a CDL. To do this, you need to apply for a noncommercial Class C or M driver’s license. Doing so can allow you to continue driving and potentially pursue other work that doesn’t require a CDL during your disqualification period. For instance, you could consider delivery jobs, rideshare services, or any other job that requires a noncommercial vehicle.
Mind your application
Receiving a CDL disqualification is serious. But it doesn’t mean you can’t drive at all. You can still legally drive a vehicle, but it must be with a noncommercial driver’s license. You can do this until your disqualification period is over, as long as you follow the rules of your disqualification and avoid further penalties. If you find this process overwhelming or confusing, consulting with an attorney may be beneficial. They can help you work through the legal complexities and potentially assist in taking steps to regain your commercial driving privileges when possible.
]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493042024-01-12T22:22:37Z2024-01-12T22:22:37Z1. Streamline household expenses
An effective approach to cutting costs during divorce is to evaluate and streamline household expenses. Start by creating a comprehensive budget that outlines necessary expenditures. Consider downsizing to a more affordable living arrangement, too. Housing expenses typically account for a significant portion of one's budget. Additionally, reassess subscription services, such as cable, streaming or gym memberships, and eliminate non-essential ones to free up financial resources. By taking a close look at monthly outflows and making informed decisions, individuals can minimize unnecessary spending. They can also create a more sustainable financial foundation.
2. Negotiate on asset division
Dividing assets is an important aspect of divorce proceedings. Negotiating can impact both parties' financial well-being. Rather than engaging in lengthy legal battles, open communication and compromise can lead to beneficial outcomes for both parties. Opting for mediation or alternative dispute resolution methods can be cheaper than traditional litigation, too. This allows former couples to save money on legal fees while reaching amicable agreements.
3. Explore affordable health insurance options
Amidst the emotional strain of divorce, do not overlook the importance of maintaining health insurance coverage. Explore affordable health insurance options, such as employer-sponsored plans or government programs. Evaluating different plans and comparing costs can lead to savings. Prioritize maintaining health insurance continuity for both parties and any dependents. This helps ensure that unexpected medical expenses do not exacerbate the financial challenges associated with divorce.
According to Forbes, most Americans spend between $15,000 and $20,000 on the divorce process alone. By taking these proactive steps, individuals can lessen the financial strains brought on by divorce and save as much money as possible in key areas.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2493012024-01-10T10:07:10Z2024-01-10T10:07:10ZThis period can be crucial, making the child more vulnerable to adverse effects from negative interactions with either of their parents. If you or your former spouse commits bad faith conduct, a child could develop grievances and hate, disrupting how they adapt to the new family situation. In Pennsylvania, various actions and behaviors can qualify as bad faith conduct, including the following:
Unnecessary and excessive questions about what the other parent is up to
Sharing negative feelings and opinions about the divorce with the child
Discussing divorce matters in front of the child during visits
Painting the other parent in a bad light by deliberately criticizing them in front of the child
Pressuring the child to choose between parents
Taking measures to prevent the child from interacting with the other parent
Involving the child in disputes between parents
These examples can harm the child and their connections with their parents. They can also make parents seem unfit to care for the child, potentially warranting legal remedies to prevent further harm.
Co-parenting in consideration of the child's needs
After the divorce, you and your former spouse can benefit from developing a healthy co-parenting relationship that prioritizes the child's needs. By not exposing the child to bad faith conduct, you can prevent rifts between parent-child relationships and maintain peace in the family.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2492812023-12-20T10:50:16Z2023-12-20T10:50:16Zfraudulent living trusts.
These schemes usually target seniors with impairments, making them vulnerable to scams. Knowing what these ploys look like is vital to avoid becoming victim to them. These fraudulent products often exhibit the following signs:
Sellers use seminars, at-home discussions and high-pressure sales tactics to position their offers as must-have estate planning tools.
Fraudsters often scare potential buyers with excessive estate taxes, sharing that their products can be absolute solutions to prevent these costs.
They sell estate planning products as kits, often with unsecured or invalid forms.
They promote other financial or estate planning products that can also be risky, such as annuities.
Aside from falling prey to these fraudulent options, some perpetrators can use these products as opportunities to collect sensitive information on the buyer. Once they have these details, there can be no limit to what they can do with the gathered personal information.
Keeping you and your estate safe from fraud
Falling for these schemes can lead to severe consequences, such as losses caused by inadequate paperwork. Before buying any estate planning products, it is best to take time and verify the seller's legitimacy. It can also be helpful to consult a credible legal professional to confirm if the seller used misleading information, if there are any shady transactions or if their products are genuinely appropriate based on the circumstances. Learning about these schemes and avoiding them can help you preserve the value of your estate.]]>On Behalf of Lieberman & Tamulonishttps://www.zltlaw.com/?p=2492772023-12-13T20:28:08Z2023-12-13T20:28:08ZCriminal history
If you have certain criminal convictions, you face disqualification from adopting. Felony convictions involving violence, child abuse or drug-related offenses raise red flags, as does any history of neglect or proven harm to children.
Financial stability
While financial stability is not about wealth, you must demonstrate your ability to provide for your adopted child's basic needs. The state evaluates income, employment history and overall financial responsibility to ensure you can offer a stable and supportive home environment.
Age and health
To adopt, you must meet certain age and health criteria. While there is no strict age limit, you must be physically and mentally capable of caring for a child throughout his or her upbringing. The health assessment considers factors such as chronic illnesses or conditions that may impact your ability to parent effectively.
Family structure
Although adopting agencies value diverse family structures, certain situations may lead to disqualification. For instance, unstable marital relationships, ongoing custody disputes or insufficient support systems could raise concerns about the stability of your home.
Substance abuse
A history of substance abuse or current misuse can disqualify you from adopting. Even if your substance use is not connected to criminal activities or convictions, any known use is typically factored into evaluating your ability to care for a child.
As recently as 2021, Pennsylvania had over 20,000 children in foster care, emphasizing the need for adoptive parents. If you are not dealing with any obvious disqualifiers, choosing to offer a safe and loving home to a child in need is a path worth pursuing.]]>