Berks County Family Law Blog

Dividing your property in a divorce is often one of the most difficult tasks. While you may agree on the details, handling the legal aspects may be trickier. One of the most common situations that require a bit more work is dividing a retirement account.

Whether it is your account or you will receive money from your former spouse's account, the court must create a formal document to present to the plan administrator that allows money to go to someone other than the named account holder. The U.S. Department of Labor explains a document that allows someone else to get benefits from a retirement plan that is not the account holder is a Qualified Domestic Relation Order. Here is a look at some details about the requirements for this document.

When parents in Pennsylvania decide to divorce or separate, it can be a challenging transition to co-parenting. Even when parents have had conflicts in their personal relationship, co-parenting requires them to find a way to work together to put the best interests of their children first. A parenting plan can help to deal with scheduling as well as key agreements for the children's development. Of course, setting a child custody schedule can vary widely depending on the age of the child. Babies and toddlers may rely strongly on a primary caregiver but still need extensive time with the other parent in order to help the parent-child bond develop.

Older children can more comfortably move to full shared custody or overnight visitation with the non-custodial parent, especially if the changes are introduced calmly by both of their parents. Kids can feel emotionally torn when their parents involve them in child custody disputes, so it can be important to create a supportive, positive environment for the parenting plan to go into effect. Both parents may need to remind their children that they will see the other parent again soon, especially as young children may have difficulty understanding the periods of time involved in a custody schedule.

When parents in Pennsylvania decide to divorce or break up, they may face a particularly challenging issue when it comes to determining custody of the children. In most cases, courts want children to have both parents as an active part of their upbringing, so long as there is no abuse or neglect involved. Therefore, a growing number of family courts prefer joint or shared custody, or, where this is not possible, primary custody with extensive visitation rights. In many cases, parents are encouraged to work together to develop a custody agreement and parenting plan for the court's approval.

If parents cannot come to an agreement, they may ask the family court to make the decision about what custody agreement is in the best interests of the children. This may come about if negotiations fail, one parent later wants to change the child custody agreement or either parent files a formal motion to seek child custody. Most parents want to show the judge that they are a better parent, but judges are looking more for a solution that will reflect the interests and needs of the child. Again, in most cases, each parent will have, at the least, extensive visitation, especially if both parents have been an active part of the child's life.

Some Pennsylvania fathers may be afraid that they will face bias in family court when it comes to child custody. Indeed, some people stay in bad relationships because they are concerned about the legal and financial consequences of divorce, including child custody. For parents, spending more time away from their children may always be difficult. However, modern approaches to family law tend to strongly favor some form of joint custody or extensive visitation as long as there is no history of abuse or neglect. After all, studies have repeatedly affirmed that children benefit from a close relationship with both of their parents.

In the past, family court decisions were often based on social expectations of gender roles more than the individual case being considered. Mothers rarely worked outside of the home except for reasons of necessity, and they were often considered to be naturally more nurturing and appropriate parents. On the other hand, fathers' contribution was considered to be largely financial rather than emotional. As a result, mothers were expected to hold primary custody and fathers to pay child support and exercise some visitation. Many beliefs about family court date back to this era even though present public policy focuses on various forms of shared custody that may fit a particular family.