The Law Offices of Joseph A. GuillamaThe Law Offices of Joseph A. Guillama2026-05-12T16:24:15Zhttps://www.myberkslawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1404708/2025/05/cropped-JG-site-icon-32x32.pngOn Behalf of The Law Offices of Joseph A. Guillama<![CDATA[Is a parent-child dispute reason to deviate from a custody schedule?]]>https://www.myberkslawyer.com/?p=506332026-05-12T16:24:15Z2026-05-12T16:24:15ZParents must generally abide by an established order
While parents want to respect their children and give them a degree of autonomy during difficult times, they still have an obligation to adhere to any existing court orders regarding their parental rights and responsibilities. Even if a teenager has expressed frustration about the requirement to spend time with both of their parents, their parents should follow the custody schedule as established.
The courts generally want to see parents working with one another and following the custody order as established, as the terms it includes generally focus on the bests interests of the children. In cases where a teenager or older child refuses to see one parent, their wishes do not override the legal obligations imposed by the creation of the custody order.
Parents can work with one another to make minor changes to their schedule and encourage reconnection. However, one parent cannot unilaterally cancel or reduce the parenting time of the other based solely on the preferences of the children in the family.
If they use a child's resistance as an excuse for violating the custody order, enforcement actions may be necessary. The courts can hold one parent in contempt for failing to uphold the custody order. A judge may also agree to modify the custody order. They can require reunification therapy or even diminish the parenting time of the parent who did not follow the custody order but instead deferred to the children's preferences.
Reviewing a change in family dynamics and disruptions to the custody schedule with a skilled legal team can help parents understand their options. Those denied the parenting time awarded to them in a Pennsylvania custody order can potentially go back to court to assert their rights and renew their connection with their children.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[Understanding how alimony works in Pennsylvania]]>https://www.myberkslawyer.com/?p=506312026-04-14T18:15:07Z2026-04-14T18:15:07ZA divorce can reshape every part of life, and financial stability is usually one of the biggest concerns spouses face. Alimony in Pennsylvania isn’t one-size-fits-all. The law offers several forms of support depending on where you are in the divorce process and what you need to move forward.
Understanding your alimony possibilities helps you make informed decisions and advocate for the support that fits your situation.
Alimony during the divorce process
Pennsylvania offers pendente lite support, which is temporary financial assistance while a divorce is ongoing. Its purpose is straightforward: to help ensure both spouses can afford legal representation and maintain stability during the proceedings. This type of support ends once the divorce is finalized, but it can be a crucial bridge for those who need help with expenses during the legal process.
Post-divorce spousal support
Once the divorce is complete, the court may award post-divorce alimony. Courts base their decisions on factors such as the length of the marriage, each spouse’s earning capacity, health, contributions to the household and financial needs. Post-divorce alimony can be short-term or long-term, depending on what the court believes is necessary for fairness. It’s not automatic, and judges weigh 17 statutory factors to determine whether support is appropriate.
Pursuing alimony in Pennsylvania
Preparing an alimony request in Pennsylvania involves documenting income, expenses and financial needs, then showing how the marriage affected your earning capacity. Gather tax returns, pay stubs, budgets and evidence of contributions to the household. Courts weigh fairness, so clear, organized financial records strengthen the request. Knowing your options for alimony can help you prepare for conversations with your legal representative, who, in turn, can advocate for a fair outcome.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[Beyond the “no-contact” rule: how a PFA can secure your home and support]]>https://www.myberkslawyer.com/?p=506292026-03-10T02:06:52Z2026-03-10T02:06:52ZProtection From Abuse (PFA) order, they think of a restraining order, a piece of paper that tells an abuser they must stay away. While that protection is vital, many victims in Berks County hesitate to file because they fear the immediate aftermath.
But in Pennsylvania, the law understands that physical safety is tied to financial and housing security. A PFA order is a comprehensive safety net that can grant you the resources you need to build a life away from abuse.
The right to stay: "exclusive possession" of the home
One of the most powerful aspects of a PFA is the court's ability to grant you exclusive possession of your residence. Many victims believe they must be the ones to flee to a shelter. However, if you are a victim of abuse, a judge can order the abuser to leave the house immediately, even if the abuser is the only person on the lease or deed. This allows you and your children to remain in your familiar environment, close to school and support networks, while the abuser is legally required to find other housing.
Immediate financial relief: temporary support
Abusers often use financial abuse as a leash, cutting off access to bank accounts or credit cards to prevent a victim from leaving. A PFA order can break that leash.
Under the law, a judge can order the defendant to pay temporary financial support for you and your minor children. This is a critical bridge that provides you with funds for groceries, utilities, and daily needs until a formal child support or alimony case can be opened through the Domestic Relations Section in Reading.
Temporary custody: The court can grant you temporary sole custody of your children as part of the PFA, ensuring the abuser cannot use "parental rights" to harass or intimidate you.
Protection for pets: In Pennsylvania, the law allows judges to include family pets in the PFA order. This prevents an abuser from harming or stealing a beloved animal to cause you emotional distress.
No need to choose between safety and stability
Filing for a PFA is a brave first step toward a new life, and you do not have to navigate the complexities of the Berks County court system alone. If you want to proceed and protect yourself and your loved ones, an attorney can help you move forward with dignity.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[How can you make custody exchanges in Berks County less stressful?]]>https://www.myberkslawyer.com/?p=506262026-02-03T15:17:52Z2026-02-03T15:14:28ZFind a safe and neutral space in Reading
Choosing the right location changes the energy of an exchange. Public places encourage everyone to behave at their best and keep interactions professional. In Berks County, many parents meet at neutral landmarks for added security:
Safe exchange zones: The Kutztown and South Heidelberg Township police departments offer marked "safe exchange zones" with 24-hour video recording.
Public libraries: The West Reading or Wyomissing libraries provide a quiet atmosphere that naturally helps keep voices low.
School or day care: Dropping a child off in the morning for the other parent to pick up later provides a seamless "no-contact" option.
Municipal parking lots: Well-lit public lots near Reading City Hall or local precincts offer high visibility and a neutral setting.
Using these public spots protects your privacy and keeps your home a sanctuary. While some suggest landmarks like the Reading Public Museum, these are often private properties; sticking to official municipal "safe zones" is your most secure legal bet.
Follow a peace-of-mind checklist
A smooth handoff starts long before you park the car. Preparation reduces the risk of misunderstandings that could upset your child. Using a checklist keeps the focus where it belongs:
Be punctual: Arriving on time prevents the other parent from having to wait and reduces your child’s anxiety.
Pack intentionally: Double-check for school folders and medications to avoid stressful follow-up texts.
Keep it brief: Save discussions about schedules for a co-parenting app rather than talking in front of the children.
Stay positive: A quick, loving goodbye tells your child it is okay to go and have fun with their other parent.
Children are sensitive to your body language and stress levels. When you remain calm and predictable, you give your child the freedom to transition between homes without feeling guilty or scared.
Move forward with confidence
Every family in Pennsylvania deserves a custody arrangement that works for their real life. If your current schedule leads to constant conflicts, you may need to file a petition to modify your court order. A well-drafted, legally binding plan resolves logistical headaches before they start.
A skilled child custody attorney can help ensure your petition meets all Pennsylvania procedural requirements while advocating for an arrangement that protects your parental rights and your child's best interests.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[What separate property isn’t divisible during divorce?]]>https://www.myberkslawyer.com/?p=506242026-01-27T11:14:42Z2026-01-27T11:14:42ZAssets owned before marriage
Many people acquire valuable property before beginning married life. They can potentially keep those assets separate throughout the marriage. Money earned before marriage and various resources, ranging from vehicles and furniture to investments, may remain separate property because people owned them before getting married.
Inherited property and gifts
Frequently, the friends and family members of spouses continue to give them gifts after their marriage. Any presents intended for one spouse, rather than the pair, are separate property. Similar rules apply to inherited property. If a family member leaves an inheritance for one spouse, those assets are the separate property of the heir or beneficiary who received the inheritance.
Commingling can be a concern
Property that could be separate may become a point of contention during divorce if commingling occurs. Commingling involves combining marital property with separate property. If one spouse added the other to the ownership paperwork for previously separate property, those assets may then be marital if the spouses divorce.
Depositing financial gifts or inherited money into a joint account. The use of marital income to improve or maintain separate property can also lead to claims of commingling. Even the unpaid services of the non-owning spouse can potentially raise questions about whether certain assets are still separate property.
Conducting a thorough review of shared resources and conduct that could constitute commingling can help people prepare for property division proceedings. After identifying separate property, spouses can then start planning for the division of their marital property.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[4 things grandparents should know about custody rights]]>https://www.myberkslawyer.com/?p=506222025-12-03T12:00:13Z2025-12-03T12:00:13ZGrandparents often play a vital role in a child’s life. But if you are concerned about custody or visitation in Pennsylvania, you may feel unsure where to start.
Understanding your options and the timing involved can help you take steps that protect your relationship with your grandchildren while keeping the child’s best interests at heart. This blog post offers practical information to help you navigate these situations with confidence.
Understand your rights and timing
In Pennsylvania, grandparents’ legal rights are more limited than parents’. You may seek partial custody, supervised visitation or ask a court to modify an existing custody order. The state focuses on stability for the child, which means courts usually favor parents unless there is a compelling reason to involve grandparents.Acting promptly is important. Keeping a record of your involvement in the child’s life and maintaining a positive relationship with the parents can support your case and help you stay connected with your grandchildren.
4 things every grandparent should know
If you are considering seeking custody or visitation, it helps to know a few key points about Pennsylvania law and court practices. Here are four things to keep in mind:
You may need to show that your relationship with the child is strong and beneficial.
Courts prioritize the child’s best interests above all else.
Mediation or family agreements can sometimes avoid formal court proceedings.
Understanding Pennsylvania’s specific rules for grandparent visitation can help you prepare effectively.
Keeping these points in mind can make it easier to approach the situation thoughtfully and avoid unnecessary conflict.
Maintaining a strong relationship with your grandchild
Even if full custody is not possible, there are ways to remain an active and supportive presence in your grandchildren’s lives.Consulting with a family law attorney in Pennsylvania can help you understand your options and plan your next steps. When you take informed and careful action, you can protect your relationship with your grandchildren and continue to make a positive impact on their lives. Your love and involvement can make a lasting difference.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[What are my options if my ex wants to move the children after divorce?]]>https://www.myberkslawyer.com/?p=506192025-11-07T01:29:33Z2025-11-07T01:28:54Z who divorce are encouraged to play an active role in their children’s lives, often sharing custody and parenting responsibilities. Once parents establish a routine, children can acclimate to their new family structure. Big changes to this routine can be frustrating, especially when the other parent is making the changes. One example: a proposed move.
You have options if you do not support a proposed move. The following will outline steps to take and provide guidance to help you feel more control over the situation.
Step #1: Review custody documents
Before making any decisions, familiarize yourself with the legal obligations outlined in your custody agreement. Most custody agreements include specific clauses about relocation. Check for this language and review the documents to understand your options.
Step #2: Communicate with your ex-spouse
Open and honest communication with your ex-spouse is vital when working through a difficult parenting decision such as relocation. Asking for more information about the reason for the relocation and whether or not it will benefit the children can help keep the focus on working towards an amicable resolution that preserves the best interests of the children.
Step #3: Review notice
A parent who wishes to relocate may file paperwork with the court. If you receive any official documentation, often through certified mail, carefully review them. If you do not support the move, you generally have to file an objection with the court within 30 days of receiving the notice. A failure to do so can limit your options.
Step #4: Legal remedies
If you disagree with the other parent’s reasons for relocation, you can file an objection to the proposed relocation as noted above. This can lead to additional relief, such as a request to the court to prevent the relocation. You will need to gather evidence to support your claim at a hearing. Parents who do not support relocation have options. Legal remedies are available, and you can present your side to help better ensure the best interests of the children are protected when working towards a resolution with your ex. ]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[11 factors: What matters most in Pennsylvania child custody cases?]]>https://www.myberkslawyer.com/?p=506172025-10-06T21:27:36Z2025-10-06T21:27:36Z23 Pa. C.S. § 5328, requires the court to evaluate 11 key factors when setting a custody order. While judges review every factor, those relating to safety and stability carry much more weight.
Daily life: The foundation for stability
Most of the factors examine your child's daily needs and current living situation. The law looks at which parent offers the most stable home. Judges consider how a custody schedule will affect your child's routine.
These factors look at a child's life beyond immediate safety issues:
Stability and continuity in your child's education and community life
The child's well-reasoned preference, based on their maturity and judgment
Sibling and other familial relationships the child has
Proximity of residences and what that means for the custody exchange
Each household member’s mental and physical condition
You must show you can provide a nurturing and consistent environment across these areas. Courts look for the parent who demonstrates a long-term commitment to meeting the child's emotional and physical needs.
Three child custody pillars
Pennsylvania judges must give substantial, weighted consideration to factors concerning a child's safety. Other factors concerning parental duties and co-parenting are also critical, but do not carry the same statutory weight. Three vital areas include:
Safety and abuse
The court is mandated to weigh factors that cover abuse and violence, including drug and alcohol abuse, domestic violence and mental health issues. The court’s first job is to ensure the child’s protection from all forms of harm.
Prioritizing the child's needs
A key factor is a parent's willingness and ability to prioritize the child's needs. Judges consider the parental duties you have performed in the past and whether you are able and willing to continue performing those duties moving forward, demonstrating your ability to meet your child's day-to-day physical, emotional and educational needs.
Cooperation and conflict
The court also assesses the level of cooperation and conflict between you and the other parent. Judges want to see which party is more likely to encourage and permit frequent and continuing contact with the other parent, when safe. If a parent tries to turn the child against the other, the court views this negatively.
Focus your custody case
Pennsylvania’s 11 factors are not a scorecard. A judge balances them to fit your family’s unique circumstances. They are a framework judges use to weigh the unique facts of your family's situation. It’s critical not to go through this process alone.
Consulting with a skilled child custody attorney who helps you gather the proper evidence can protect your parenting rights and your child's best interests.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[Why do many divorcing couples mediate instead of litigating?]]>https://www.myberkslawyer.com/?p=506152025-09-10T12:35:34Z2025-09-10T12:35:34ZTo set their own terms
Litigated divorce proceedings are highly unpredictable. People never know what a judge might decide when reviewing their circumstances and applying state law. Couples who need certain terms because of their children or their personal concerns about their property may prefer to mediate their disagreements instead of litigating, as they can then retain total control over the outcome. If they don't reach an agreement, they always have the option of proceeding with litigation after unsuccessful mediation.
To protect their privacy
Litigated divorces often require that spouses expose private matters in family court. They also have to make formal disclosures regarding their assets and debts. People concerned about what details might become public record may want to consider mediation instead of litigation. Mediation is generally a confidential process, with the agreement that spouses sign afterward being the only document that becomes part of the public record.
To control their costs
Divorce litigation is often far more expensive than people anticipate. Time in court is usually one of the biggest contributing factors to the final price tag for a divorce. Spouses who work outside of court to pursue an uncontested filing may find that the process costs them less, even when considering the expense involved in retaining the services of a mediator.
Looking into alternatives to divorce litigation can make a divorce less frustrating and unpredictable. Spouses who choose to mediate can take control over the process and may ultimately feel happier about the outcome.]]>On Behalf of The Law Offices of Joseph A. Guillama<![CDATA[Spousal support and retirement: What should you know?]]>https://www.myberkslawyer.com/?p=506132025-08-19T20:14:54Z2025-08-19T20:14:54ZIf you’re among the many people who are divorcing as “empty nesters” in their 50s and 60s, your priorities will likely be considerably different from what they would have been several decades ago. You may be close to retirement (or at least partial retirement) and focused on preserving the post-retirement financial future you’ve worked and saved for all these years.
You likely are placing a priority on working toward a settlement that won’t disrupt that future any more than necessary. But what if your soon-to-be ex is seeking spousal support (alimony)? Does that mean you’ll have to continue working indefinitely if you’re order to pay support?The good news is that you can’t be expected to work until you die from old age. Even if you’re ordered to pay spousal support initially, a court will likely allow you to modify or end the support order later as long as you retire at a reasonable age for your profession or you have to retire due to health issues or hit a mandatory retirement age.
How is spousal support determined in Pennsylvania?
If you believe or are certain that a spousal support order is in your future, it’s important to understand how the amount and duration are determined in Pennsylvania. Multiple factors can be considered, including the length of the marriage, both spouses’ income (from all sources) and any separate assets, earning potential, age and health. If a spouse has been out of the workplace for years or even decades, they likely can’t be expected to become self-supporting immediately. Further, if they’ve been a stay-at-home parent, managed the home and maybe provided care for elderly family members, all of those contributions can be considered.
Modifying or ending a support order
Pennsylvania law doesn’t have hard-and-fast rules about the amount and duration of alimony. However, it must be "reasonable under the circumstances." That means when you begin preparing for retirement, or at least a lighter workload, you’ll need to make the case for a reduction of spousal support. Again, both your financial situation and that of your ex will be considered. The court will just need to see that you’re retiring or cutting back on work because it’s time – not to avoid paying your ex-spouse.Having sound legal guidance through divorce and later, when you need to make modifications to any of your divorce agreements, will help you protect your rights and financial future.
]]>