Michael C. Rovito

Child Custody

February 9, 2015 by Hoppel Design

Child custody issues can be the most challenging family law issues to resolve. When parents do not live under the same roof, contention frequently arises in regard to scheduling time with each parent, as well as decisions relating to health, education, extracurricular activities and the like. Although the children’s best interests should always be the crucial factor in resolving these issues, in the midst of the emotional turmoil—including divorce—this simple but vital element is often overlooked by the parties.

Legal custody relates to those decisions involving, but not limited to, religious upbringing, treatment in terms of health matters, both physical and emotional, and education. Except in extenuating circumstances, parents will usually continue to share legal custody of their children. This can be memorialized at a custody proceeding or in a custody stipulation, to avoid any future misunderstandings.

Physical custody encompasses a variety of components requiring specification, either in a custody order or by agreement in a custody stipulation. Physical custody may be awarded or agreed upon as joint custody (shared equally by the parties) or with one party having primary physical custody subject to the periods of partial physical custody of the other parent. A physical custody schedule would usually outline weekly custody periods, including dinner visits and/or overnights, holidays, vacation, breaks from school, Mother’s Day, Father’s Day, birthdays, etc.

Mutual, courteous agreement is always encouraged, but in the event the parties are unable to concur, a custody complaint would be filed with the court, usually followed by the scheduling of a custody conference as the initial step toward resolving custody issues. The various counties of Pennsylvania and the State of Delaware do have different procedures but all are dedicated to the ultimate resolution of custody issues. Upon the entry of a custody order, the courts anticipate both parties will fully comply with the conditions of the order. If one or the other party does not do so, a contempt action may be initiated, or, if the order is no longer representative of the children’s best interests, a party may file to modify custody.

With their years of experience, the family law attorneys at MacElree Harvey are well-versed in the negotiation and/or presentation through the court of custody matters.

Custody Modification

Circumstances occasionally arise which may precipitate a need for the modification of a custody order. Such occurrences might include a parent’s job loss or permanent change in work schedule, relocation, significant health issues or disability. Again, the family law attorneys at MacElree Harvey have years of experience in assisting their clients in the application for custody modification and presentation through the court system.

Custody Relocation

Custody relocation can be a complex issue arising out of one parent’s need or desire to move with the minor children to another county, state or country. Often, the move is necessitated by a change or transfer in employment, but sometimes it is dictated by the parent’s new life. In either case, both parents have rights to maintain a schedule of physical custody with their children. If one parent’s move impacts the other parent’s ability to maintain the current custody schedule, then the relocating parent must seek approval of the court for the move by filing for relocation. The parent wishing to relocate must serve formal notice of their intention on the non-relocating parent at least thirty days in advance of the proposed move. If that parent has an objection to the move, he or she must file a Relocation Counter Affidavit in a timely manner in order for a relocation hearing to be scheduled before the Court, wherein an order will be issued granting or denying the relocation.

Pennsylvania family courts consider the following factors when deciding the matter of relocation:

The relationship of the children and each parent prior to the relocation request;
The motivation for relocation;
The reason for objection to the relocation request;
The impact of the move on the child’s physical and emotional development, education, and the child/children’s quality of life;
Preserving the relationship of the children with both the relocating and non-relocating parent.

The experienced family law attorneys at MacElree Harvey are able to assist you through the complexities of the relocation process.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Family Law

February 6, 2015 by Hoppel Design

Family Law

At MacElree Harvey, our family law attorneys serve clients across Pennsylvania and Delaware, providing experienced and sound legal guidance through every stage of family-related legal matters. From prenuptial agreements before marriage to divorce settlements, and from child custody disputes to representation in family court matters, we are here to protect your rights and help you move forward.

Family law cases come in many forms, and we are prepared to manage them all with skill, care, and personalized attention. We assist clients in navigating the legal, financial, and emotional challenges of:

· Divorce (including high-net-worth and complex property division cases)

· Child custody and visitation rights

· Child support and alimony/spousal support

· Prenuptial and postnuptial agreements

· Property division in separation and divorce

· Paternity and parental rights

Complex & High-Conflict Family Matters

Our team has significant experience handling high-conflict custody cases involving:

· Child relocation disputes

· Parental alienation concerns

· Allegations of domestic abuse or substance abuse

· Cases requiring supervised visitation

We understand the sensitive nature of these matters and remain focused on achieving the best possible outcomes for our clients and their children.

Alternative Dispute Resolution

In addition to traditional litigation, we offer mediation and arbitration as cost-effective, less adversarial ways to resolve family disputes. These approaches often allow families to maintain more control over the outcome and reduce emotional strain.

Tailored Strategies for Every Family

Whether you are ending a short-term marriage with few assets or navigating a high-asset divorce involving business valuations, retirement accounts, and tax issues, our attorneys have the experience, resources, and network of financial professionals needed to protect your interests.

At MacElree Harvey, we recognize that no two families are alike. We tailor our legal strategies to your circumstances and guide you through the process with clarity and confidence.

FAQ: Family Law

What is the difference between legal separation and divorce? The term separation generally refers to either when spouses separate their finances and/or when they cease marital relations. Physical separation, or when parties cease marital relations, can begin the time-period necessary to grant a no-fault divorce. Financial separation can be a date used by a Court to assign values to assets and debts for purposes dividing them in equitable distribution.

How is child custody determined? Courts are required to determine the best interest of the child when ordering any form of custody. This includes considering all relevant factors to the parties and the children, including the level of cooperation and conflict between parents, maintaining stability and continuity in the child’s life, family relationships, the proximity of the parents’ residences, and safety factors. The court also considers the “well-reasoned” preferences of the child; however, the weight afforded to a child’s preference is based on the child’s maturity, developmental stage, and judgment.

What is the difference between legal custody and physical custody? Legal custody refers to the right to make major decisions about a child’s upbringing (education, healthcare, religion). Physical custody, or residential custody, refers to where the child lives and spends time.

Can I modify a custody or support order? Yes. In Delaware, if custody is determined by an out-of-Court agreement, it can be modified in accordance with the best interests of the child. If a Judge enters a custody order after a full evidentiary hearing, the custody order is generally very difficult to modify for two years.

In Pennsylvania, custody can be modified in accordance with the best interests of the children.

For child support, modification can occur if there is a real and substantial change in circumstances, such as a change in income, childcare or tuition expenses, custody, and/or number of dependents. After a period of time, either parent can revisit child support.

Do I need a prenuptial agreement? A prenuptial agreement is not required, but it can help protect assets, establish clear financial expectations, and prevent disputes in the event of divorce. Pre-nuptial agreements are often particularly useful if there is a significant imbalance in income and/or assets, or if it is a second marriage for either or both spouses to be.

What is mediation in family law? Mediation is a process where a neutral third party helps the parties negotiate a settlement without going to court. It is often faster, less expensive, and more private than litigation.

FAQ: Pennsylvania vs. Delaware Family Law

I live in Pennsylvania, but my spouse filed in Delaware. What happens? Jurisdiction depends on residency requirements. Delaware requires that at least one of the spouses reside in Delaware for six months before filing for divorce. If both states could potentially have jurisdiction, our attorneys will advise on which forum is more favorable for your circumstances.

Is child support higher in Pennsylvania or Delaware? It depends. Pennsylvania uses guideline tables, while Delaware applies the Melson Formula. There are differences in how each state’s formula treats custodial overnights, high income individuals, and out-of-pocket medical expenses.

Do custody rules change if parents live in different states? Yes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority. Our offices in both PA and DE allow us to seamlessly manage cases where parents live across state lines.

Is it easier to get divorced in Delaware or Pennsylvania? Delaware’s process can be faster due to its 6-month separation requirement. Pennsylvania permits both fault and no-fault divorces, with no-fault requiring a one-year separation if one spouse does not consent.

Which state’s courts are more favorable for alimony? This can depend upon a number of factors, including the length of the marriage. Delaware provides for lifetime alimony eligibility if the marriage is 20 years or longer.

With offices in West Chester and Kennett Square, Pennsylvania, and Centreville and Hockessin, Delaware, MacElree Harvey’ has a team of experienced family law attorneys nearbyWhether you are facing a custody dispute, divorce, support matter, or need guidance on which state’s courts may be more favorable to your case, our team is ready to help you navigate the complexities of family law with experience, clarity, and care.

Contact us today to schedule a confidential consultation with one of our family law attorneys.

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If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Commercial Litigation

February 6, 2015 by Hoppel Design

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

Our attorneys are known for their efficient and effective representation of a broad range of clients.

The firm has continued that tradition by recognizing that the legal challenges facing individuals, families, businesses, professionals, and charities can have devastating consequences if not properly prosecuted or defended.

To meet the challenges of today’s legal climate, while MacElree Harvey continues to have a broad range litigation practice, the firm has also begun to concentrate its practice areas so that clients who face a particular legal challenge in these areas can expect quality representation by the right litigation lawyer with the right level of experience.

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