michael rovito

It’s 5:00 p.m. You are supposed to be getting your children back, but they are not there and your co-parent is not responding to your texts or answering your calls.

What do you do next?

In Pennsylvania custody cases, how you respond can be almost as important as what the other parent has done.

I regularly advise clients to be practical, be reasonable, and consider everything they say or write as something that may ultimately be reviewed by a Judge.

First, start with your custody order.

Confirm the exchange time and location, transportation responsibilities, and any other conditions that apply. Make sure you are where you are supposed to be and have complied with your obligations under the order.

If everything is in place and the children still have not been returned, document what is happening.

Send a text, email, or message through your co-parenting application. Keep the communication calm and focused on the children:

“The custody order provides for the children to be returned at 5:00 p.m. Please let me know what is going on and when they will be returned.”

That communication is far more useful than an angry text, voicemail, or exchange with the other parent.

It is also important to distinguish between a late exchange, a pattern of late exchanges, and the withholding of children. Those circumstances are not necessarily the same and may require different responses.

A custody order is an order of court. Pennsylvania law provides a process for contempt when a party willfully fails to comply with a custody order.

Should you call the police?

Not every late or missed custody exchange requires law enforcement involvement. There are circumstances where police involvement may be appropriate, particularly where there is a legitimate safety concern, but that determination should be made carefully based upon the specific facts.

The important thing is not to let someone else’s conduct dictate your own.

Remain reasonable. Document what occurred. Follow the custody order. And, when necessary, involve your attorney.

If the issue cannot be resolved, counsel can help determine the appropriate next step, whether that involves communication with the other parent or their attorney, or seeking relief from the court.

Myself and the Family Law Team at MacElree Harvey, Ltd. regularly assist clients in navigating these difficult situations while protecting their rights and ensuring that their own actions do not jeopardize their position.

If you have questions regarding a custody order or a situation specific to your family, please feel free to contact me.

Every family and every case is different. The MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations of your situation. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

It’s a common question — particularly when one spouse wants to sell and the other wants to stay.

As with many things in family law, the answer is: it depends.

If both spouses agree to sell the marital residence, the process can be relatively straightforward. But even then, it’s important to agree on the details: How will the listing price be set? When must an offer be accepted? And will the proceeds be divided immediately or held in escrow until equitable distribution is resolved?

But what if one spouse doesn’t agree to sell?

That’s where things get more complicated.

A spouse seeking to force a sale may need to ask the court to intervene. Financial circumstances are often an important part of that analysis — particularly if the carrying costs of the home can no longer be sustained or the property is not being properly maintained.

The bottom line: Wanting the house sold and being able to force its sale are not necessarily the same thing.

Every family and every case is different. If you’re facing questions about the marital home — whether to stay, sell, or what happens when you and your spouse don’t agree — the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Thinking about secretly recording your spouse? Think twice before you hit record.

It may seem like a good way to document an argument or preserve evidence for a divorce or custody case.

In Pennsylvania, however, secretly recording a private conversation can create a much bigger problem.

Pennsylvania generally requires the consent of all parties to record a private conversation. Marriage does not create an exception.

And the potential consequences can be far more serious than whether the recording can be used in your family law case. An unlawful recording can potentially expose the person making it to criminal liability.

What about a voicemail your spouse leaves you? Or a text or email they send?

That’s different.

Those are communications voluntarily sent to you, and they raise different questions about whether and how they may be used as evidence.

The practical takeaway is simple:

Before you hit record, talk to an attorney.

There may be completely lawful — and strategically better — ways to preserve evidence. In a family law case, good judgment about how you obtain evidence can matter too.

And if you discover that your spouse has been secretly recording you, speak with an attorney about your options.

If you’re dealing with an issue involving recordings or other evidence in a Pennsylvania divorce or custody matter, contact me or the MacElree Harvey, Ltd. Family Law team to discuss your options.

Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael Rovito

It’s a question I hear frequently from individuals considering divorce: If I leave the marital home, will it be considered abandonment or hurt me later?

In Pennsylvania, simply moving out of the marital residence does not necessarily mean you are giving up your rights or putting yourself at a disadvantage in the divorce.

There are many legitimate reasons a spouse may decide to leave—financial circumstances, concerns about safety or conflict in the home, or simply the need to begin moving forward. The financial issues associated with maintaining two households can generally be addressed through the divorce and support process.

The more significant consideration is often whether children are involved.

Before leaving, it is important to consider where the children will live, whether their established routine will be disrupted, and how a change may affect their stability and best interests. Those considerations can have implications beyond simply who remains in the house.

There can also be important support and procedural issues to consider depending on the circumstances and where your case is being handled. That is why I generally recommend discussing the decision with a family law attorney before moving out whenever possible.

The bottom line: Moving out is not automatically “abandonment,” but how and when you leave can matter.

Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael C. Rovito

Let’s answer the next question I often hear:

How does a judge decide whether a parent can relocate with a child?

The answer isn’t as simple as whether the move is for a better job or to be closer to family.

Under Pennsylvania law, courts must evaluate 10 specific relocation factors, all through one lens: What is in the child’s best interest?

Some of the questions the court will consider include:

What kind of relationship does the child have with each parent, siblings, and other important people in their life?

How will the move affect the child’s emotional, educational, and developmental needs?

Can the relationship with the non-relocating parent realistically be preserved through a modified custody schedule?

If the child is old enough and mature enough, what are their wishes?

Has either parent encouraged—or interfered with—the child’s relationship with the other parent?

Will the relocation improve the quality of life for the parent seeking to move, and will those benefits also improve the child’s quality of life?

What are each parent’s motivations for supporting or opposing the relocation?

Are there any safety concerns or a history of abuse that the court must consider?

And finally, are there any other facts that affect the child’s best interests?

One important point that often surprises people is that the parent seeking to relocate has the burden of proving that the move is in the child’s best interest.

No one factor automatically determines the outcome. Every relocation case is unique, and the court must carefully weigh all of the evidence before making a decision.

If you’re considering relocating with your child—or you’ve received notice that the other parent intends to relocate—it’s important to understand both your rights and your responsibilities before taking the next step.

If you have questions about relocation, custody, divorce, or support matters, the Family Law team at MacElree Harvey, Ltd. is here to help. We’re committed to providing practical guidance and experienced representation tailored to your family’s unique circumstances. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael C. Rovito, Esq.

It’s one of the most common questions I hear from parents, and the answer surprises many people: in Pennsylvania, there is no “magic age.” A child does not automatically get to decide where they will live when they turn 12, 14, 16, or any other age.

Instead, the court’s focus is always on the child’s best interests.

While a child’s preference may be considered, it is only one factor among many. The court may evaluate the child’s age and maturity, whether they’re expressing an independent and well-reasoned opinion, and whether anyone is improperly influencing that preference.

Generally speaking, the older and more mature the child, the more weight the court may give to that preference, but it is never the sole deciding factor.

Every family and every custody case is unique. Understanding how Pennsylvania courts approach these decisions can help parents make informed choices during an already difficult time.

If you have questions about your custody rights or are navigating a custody dispute, the Family Law team at MacElree Harvey, Ltd. is here to help. We’re committed to providing practical guidance and experienced representation tailored to your family’s unique circumstances. Contact Michael Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.