Family Law Overview in York, PA
York, PA is governed by the Pennsylvania divorce code as well as local York County rules. This means that the law that may apply to you and your family issues may be different from those in neighboring counties. Often, however, we find that litigation between spouses exercising their rights within the divorce system here in York, Pennsylvania result in a number of different cases being filed.
For example, Divorce, Child Custody and Support are 3 interrelated portions of family law that we routinely handle here at McNees. However, that is certainly not an exhaustive list . Domestic relations matters can often include: visitation, child support, child emancipation, spousal support, equitable distribution, asset valuation, child custody, child enforcement, contempt, divorces under no fault grounds, divorces under fault grounds (including cruelty, adultery, irretrievable breakdown and institutionalization grounds for divorce), legal separations, and shared provisional custody orders. We also handle a number of cases related to protection from abuse or (PFA) matters, as well as, paramour or cohabitant actions.
The Top Traits of a Family Law Attorney
Experience: It is crucial to have someone who knows the ins and outs of family law in your corner. Understanding the law is necessary for the best possible outcome in your case. When lawyers have a long track record of handling family law cases, you can get a better idea of their ability and know that they are familiar with both old and current laws, along with precedent.
Communication Skills: You want to be kept in the loop about everything happening in your case, and a good lawyer will be responsive to your inquiries. They should take their time with you to help you understand certain aspects of the law. At your initial consultation, the lawyer should keep communication open to ensure you feel comfortable asking questions and sharing information. Every so often your lawyer should check in with you to make sure you are up to date on where your case stands.
Empathy: It is important that a lawyer makes you feel that they care about your well-being and the well-being of your family. This is where we should point out that you need a qualified attorney, not just someone to listen to you complain. Your lawyer needs to be able to cut through all of the personal drama and focus on the law, the case at hand, and what will lead to a successful outcome in the eyes of the court.
Detailed Legal Knowledge: Family law is an ever-changing area of the law. The law may change or shift every session in Harrisburg, and a family law lawyer in York, PA needs to be on top of each change. Keeping abreast of new legal decisions, rulings, and other changes can mean the difference between winning and losing a case. It also means that the lawyer is aware of and prepared to handle future shifts in family law during your case.
Selecting the Right Family Law Attorney
Selecting the right family law lawyer for your circumstance is essential. In York County, there are many family law attorneys to choose from so it is overwhelming for a person in need of representation to select the right one for them. I will provide you some tips and advice that you can use to select the lawyer that is right for you.
I always suggest that people do their due diligence. This means research the family law attorneys that are in your community and find out what they do by visiting their law firm website. Most law firm websites will give you information about the attorneys at the firm, their experience levels and the areas of practice the firm handles.
I always suggest that you schedule a consultation with the attorney and come up with questions to ask the legal professional that are specific to your case. You want to find out what are the legal issues need resolved in your case and what are the steps the attorney will take to resolve those legal issues. For example, if you have a child custody matter, you are going to want to find out the attorney’s experience handling similar matters and what their approach would be to help you.
I always suggest that you ask about the fee arrangement. Find out how the attorney charges you – hourly, retainer, flat fee. Find out how the legal professionals bill you and what they charge for different tasks, such as, telephone calls, letters, emails, etc. As you know, attorneys charge quite a bit of money by the hour, so you want to have a lawyer that will give you a fair assessment of what their hourly rate is and provide you a realistic picture as to how much you will be spending on legal fees for your case.
At the end of the day, you want a lawyer who believes in your case, is respected in the legal community and someone that you will get along with and feel comfortable with.
How a Family Law Attorney Can Help You in Divorce
A family law lawyer in York, PA guides you through the complexities of the law and becomes your representative during divorce proceedings. As you search for the best asset division plan for your case, an attorney will help you understand the law and standard practices so that you don’t end up with a settlement that’s unfavorable to you. Protecting your property is a major part of your divorce, but negotiations related to alimony and child custody are also important.
When it comes to spousal support, a lawyer will argue on your behalf to establish a fair amount of alimony to which you can expect to be entitled. Sometimes, a judge may lower your expectations if you’re asking for more than you deserve, but often, your lawyer is successful at getting you set up with what you need. A lawyer does not have to be hired to get you spousal support, but many people choose to have an attorney handle the negotiation process for them because of the lack of knowledge pertaining to these complex areas of the law.
Child custody can easily become one of the most fought-over areas during a divorce. Choosing to have joint or sole custody over your children is a decision best made with the help of a lawyer. The judge will consider the needs and desires of each parent as well as the preferences of the basic needs (health and welfare) of the children. After reaching a general decision on custody, the judge will determine the amount each parent must contribute to the children’s care.
Child Custody and Family Law Attorneys
Family law lawyers play a crucial role in assisting with child custody cases in York, PA. If you are seeking to obtain a favorable result in court, it is important to have legal representation. You may have the most compelling case imaginable, but knowing how to successfully present the arguments for or against custody, and evidence in support, is best accomplished with the assistance of a legal expert who fully understands Pennsylvania’s family law system. The decision to award child custody can be complicated and highly contentious. Courts will look at several factors when making such a decision, including the following:
• The ability of the parents to cooperate with one another
• The child’s preference regarding their residence
• The physical and mental condition of the parents
• The child’s physical and mental health
• The work schedules and employment responsibilities of the parents
• The friendliness of the parents toward each other
• Other sources of support for the child beyond the parents
These are just some of the considerations that the courts will typically take into account when deciding on child custody arrangements . An experienced family law lawyer will ensure that your case is built around these considerations in order to make the most compelling argument to the judge. He or she will strategize a case by looking at all of the available information and selecting the arguments that will be most beneficial for the client. Child custody is one of the most difficult family law matters to resolve in a way that is advantageous to you. To ensure that you are covered from all angles and have every opportunity to obtain the most favorable decision from the court, enlist the assistance of a skilled family law attorney in York, PA. A legal professional can help you navigate through the complex legal system and craft a compelling case that will make a dramatic difference in a judge’s decision. Consult with our team today to get started with the legal process.
Adoption and Family Law Attorneys
Adoption is a legal procedure that enables an individual to become a part of someone else’s family. This new relationship is recognized by law, and the bonding process is similar to the one that exists between blood relatives. It involves more than just adding or replacing a name on a birth certificate; adoption terminates all existing legal ties between a biological parent or parents and the adoptee. The new relationship with the adoptive couple creates a relationship equivalent to the one that would have existed if the biological seeds had been used for conception and birth.
Adoption is facilitated through the family court system. However, the paths to adoption often require certain steps, procedures and paperwork beforehand. In some cases, biological parents may need to complete a voluntary relinquishment of the child. Sometimes, the parents lack legal custody for the child as children are in foster care. A court removes a child from the biological parent or parents only when there is a concern for the well-being of the child.
The family law attorneys in York, PA, assist prospective parents with calculating the eligibility for adoption advocacy. For adoption to occur, the proposed parents must meet eligibility requirements. There are agency and private standards for adoption that can vary. The legal age for an adoptive parent ranges from 21 years to 40 years. Historically, there were many differences, depending on the agency or private practice. Today, many of those standards are beginning to unify.
The legal process for adoption generally includes gaining permission from the biological parent or parents. Parents can consent to relinquish their parental rights, and then the child is normally placed with prospective parents before the child’s adoption is finalized. The family law attorneys in York, PA, can facilitate this process. If the child is older, they have the right to accept or reject adoption. The courts may transfer custody to a designated adult.
At the final stage of adoption, the attorney files the legal proceedings in the family law court. The parents will be subject to an investigation and home study, as well as a court hearing. That hearing is open to the public. Once the parties have completed this process, either the court terminates parental rights if they have not been relinquished, or the judge finalizes legal custody to the couple. The judge then signs an adoption decree, thereby making the placement a legal household arrangement.
Legal Assistance and Resources in York, PA
In addition to the many law firms and human resource professionals dedicated to helping those facing family law matters, York, PA, benefits from a variety of legal resources and community support programs. On the legal aid front, the York County Bar Association offers access to family law resources through its website. For example, their Family Law Committee offers free information and advice hours on a weekly basis.
Family law cases are heard in the York County Court’s Orphange and Lancaster Streets when families are able to settle their own cases with mutual agreement. The Orphange Street facility is open Monday through Friday from 8:00 a.m. to 4:30 p.m. Walk-in hours are offered each Tuesday through Friday, along with scheduled hearings on Monday mornings . For those who do not require a court appearance, the Family Court also offers the use of its self-help library, where residents can access forms, instructional material and computers with internet service. The Family Courts also offer mediation services for families seeking to settle their disputes through a civil and cost-effective process. In lieu of court proceedings, couples seeking a divorce may settle with the assistance of a conflict resolution attorney or paralegal through the Unified Family Court Manual Mediation Program. Meanwhile, the Pennsylvania Assembly of School and University Law Attorneys offers a free referral service for parents and guardians of students who need assistance with school-related matters. Those who qualify for assistance can access a network of attorneys dedicated to providing the best interests of the child in educational settings.