Todd Adam Spivak’s Answers

Todd Adam Spivak

Pittsburgh Family Law Attorney.

Contributor Level 10
  1. Do you have to notify your ex when you move if there is a PFA?

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Todd Adam Spivak
    3. Lidia L. Alperovich
    4. Penelope A. Boyd
    5. Wesley W Legg
    5 lawyer answers

    If you're moving outside your county or even moving the children to a new school district (assuming they are school-age), then it may be wise to follow the procedures for custody relocation, which includes notifying your ex and giving him an opportunity to request a hearing on the matter. Section 5337(b) of Pennsylvania's child custody law states as follows: "No relocation shall occur unless: (1) every individual who has custody rights to the child consents to the proposed relocation; or (2)...

    6 lawyers agreed with this answer

  2. Can I lose my license for letting an intoxicated person drive my car (with me drunk in the car)

    Answered about 2 years ago.

    1. Forest Dean Morgan
    2. Zachary Cooper
    3. Michael Lawrence Doyle
    4. Robert C. Keller
    5. Gregory Howard Wiley
    6. ···
    7 lawyer answers

    No, you cannot lose your license for letting an intoxicated person drive your car. But you may be held liable for a civil lawsuit if the driver causes damages due to your negligence in letting him drive despite knowing that he was intoxicated.

    6 lawyers agreed with this answer

  3. What is the definition of primary vs. joint physical custody in PA?

    Answered over 1 year ago.

    1. Randi J. Vladimer
    2. Randi Joy Silverman
    3. Todd Adam Spivak
    4. Kathryn L. Hilbush
    4 lawyer answers

    Shared physical custody refers to each parent or guardian having their child physically with them at their residence overnight roughly 50 percent of the time. Generally, a parent or guardian who has the child overnight for at least 40 percent of the time -- or 146 nights per year -- is considered to have shared custody. "Joint custody" is just another term for shared custody. "50/50 custody" refers to parents who enjoy exactly the same number of overnights with their child each year -- for...

    5 lawyers agreed with this answer

  4. If i was to marry my current boyfriend does the biological father of my child still have to pay support for her?

    Answered about 2 years ago.

    1. Todd Adam Spivak
    2. Charles Anthony Rick
    2 lawyer answers

    Yes, the biological father must continue to pay child support. His child support obligation would cease if his parental rights were terminated and another person legally adopted the child.

    5 lawyers agreed with this answer

  5. Can a mother leave an abusive marriage with her children and travel across state lines.

    Answered over 1 year ago.

    1. Todd Adam Spivak
    2. Lidia L. Alperovich
    3. David Ian Schoen
    3 lawyer answers

    Your sister should speak with an experienced family law attorney in Colorado about restraining orders and custody relocation procedures.

    Selected as best answer

  6. What exactly is sole physical and legal custody? Is the father able to ask for modification of this order.

    Answered over 2 years ago.

    1. Todd Adam Spivak
    2. Charles Anthony Rick
    3. Virginia Giselle Alvarez
    3 lawyer answers

    Physical custody refers to the parent with whom the child physically stays. If one parent has sole physical custody, this means the child stays only with that parent. Legal custody refers to a parent's right to make major decisions involving a child -- e.g., educational, medical, and religious decisions. If one parent has sole legal custody, this means that the parent can make these major life decisions without consulting the other parent. Child custody orders can always be modified under...

    4 lawyers agreed with this answer

  7. I have a temporary pfa against my ex and he showed up at my house to talk to me..what do i do and will i get in trouble?

    Answered over 2 years ago.

    1. Todd Adam Spivak
    2. Michelle A. Fioravanti
    2 lawyer answers

    No, you will not get in trouble for listening or talking to him. The PFA is against him, not you. But your ex can get into trouble for talking to you. You can report his behavior to the police. He may be charged with indirect criminal contempt and face up to six months in jail. If you no longer want the PFA against him, you can ask the judge who granted the PFA to withdraw it.

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  8. What laws are there for domestic violence against men?

    Answered about 2 years ago.

    1. Todd Adam Spivak
    2. Joseph D. Lento
    3. Debra Denise Rainey
    3 lawyer answers

    Domestic violence laws in Pennsylvania are gender neutral. Women are often perpetrators of domestic violence. You state that your son was brutally attacked by his girlfriend. He should document his injuries by taking photographs and obtaining medical treatment. You say that the detective acknowledged your son's injuries as worse than his girlfriend's. Is this stated in any police report? Your son should immediately file a PFA against his girlfriend. A PFA is a civil restraining order that would...

    3 lawyers agreed with this answer

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  9. Can I get in trouble for having sex with the plaintiff who filed a PFA against me?

    Answered over 1 year ago.

    1. Todd Adam Spivak
    2. Lidia L. Alperovich
    3. Randi Joy Silverman
    3 lawyer answers

    Yes, you can get in trouble for this. You have violated a PFA order and may face indirect criminal contempt (ICC) charges, which carry a maximum six-month jail sentence and a $1,000 fine. However, in many Pennsylvania counties, district attorneys only prosecute an ICC when there is a violation of a final PFA order. You are right that her actions are powerful evidence that she is not afraid of you. But raising them in court could put you at risk for violating a court order. You should retain an...

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  10. What actions should I take to end child support and custody?

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Todd Adam Spivak
    3. Michelle Ericka Goldstein
    4. Jacob Ryan Lauser
    4 lawyer answers

    More information is needed to answer your question. For instance, is there a custody order? Do you have shared or partial custody over your son? Do you live in the same county and/or school district as your son? Depending on the answers to these questions, you might consider filing for custody or modifying the current order so that your son can move in with you.

    3 lawyers agreed with this answer