Category: Uncategorized

New Pennsylvania Law: PFA Orders for Pets

by Amanda M. Atkinson, Esq.

A PFA for your Pet? Protection from Abuse Orders will now include companion animals.

House Bill 1210 (HB 1210) was signed into Pennsylvania law on November 18, 2024. The amendment is an attempt to address the link between domestic violence and animal abuse by providing additional relief for survivors and their pets. The act implements two important changes to Title 23 (Domestic Relations) of Pennsylvania Consolidated statutes. First, it expands Protection from Abuse Orders to include protection for companion animals. Second, it allows the protected party to be granted temporary ownership of the companion animal.

In Pennsylvania, a Protection from Abuse (PFA) Order is a court order designed to protect victims of domestic violence from abuse by a family member, household member, intimate partner, or someone with whom they share a child. It can prohibit the abuser from contacting or approaching the victim, and may also include temporary custody arrangements or exclusive possession of a shared residence.

Because domestic abusers often abuse or threaten to abuse pets, many survivors hesitate or feel they cannot escape the situation as they worry for the animal’s safety. Prior to HB 1210, Pennsylvania’s Protection from Abuse statute only listed plaintiffs or minor children as parties to be protected by Protection from Abuse Orders. While the statute includes “persons who have a significant relationship with the victim” in the definition of abuse victims, animals have never been included.[1] The amendment now will allow Protection from Abuse orders to protect “the plaintiff [or], minor children or companion animal”.[2] The inclusion of companion animals will direct perpetrators of violence to refrain from harming not only the plaintiff, but any companion animal listed in the protection order.

Not only does the order include language that demands the abuser not harm the pet, it also can grant the Survivor temporary ownership rights of the companion animal. Survivors will be able to take and advocate for the companion animal without worry of the abuser trying to reclaim the companion animal. The act specifically directs abusers “ to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of any person sheltering the companion animal.”[3]

The implementation of this act may allow domestic violence survivors to feel safer leaving or reporting their abuser knowing that their pet can be provided protection too.

While this act is intended to support domestic abuse survivors, it also impacts family law. Though many of us consider pets to be members of the family, Pennsylvania law considers them personal property.[4] As a result, this can complicate domestic violence situations if the abuser can argue ownership of the pet or if pets must be divided as property during divorce proceedings. In a divorce, property is usually split equitably between parties in a process called Equitable Distribution where courts will determine who retains what marital property if the parties cannot come to an agreement. Courts make these determinations by considering factors such as each parties’ economic circumstance, length of the marriage, and the value of the property.

HB 1210 shifts the treatment of pets from property to a more custody-like consideration. Courts can consider evidence of abuse or threats towards pets in determining which party should retain the animal after the divorce. If a survivor is considering or preparing for a divorce action, planning for their pet’s safety as well is crucial. It is important to work with experienced family law attorneys who can help survivors navigate the inclusion of their pets in divorce proceedings.  While the act does not go into effect until January 17, 2025, it is likely that moving forward the recognition of emotional bonds between parties and pets will be a stronger factor in property and divorce proceedings.

[1] 23 Pa. C.S. § 6102

[2] HB 1210, 2024 Gen. Assemb., Reg. Sess. (Pa. 2024).

[3] Id.

[4] 3 Pa. Stat. § 459-601

Navigating Shared Custody During the Holidays

The holidays are meant to be a time of joy, togetherness, and celebration. But for separated or divorcing parents, it can also bring unique challenges when it comes to custody arrangements. With some planning and communication, you can ensure that your child enjoys the holidays while you navigate the complexities of co-parenting.

Here are some helpful tips for separated parents dealing with custody during this festive time:

1. Communicate Early and Often

The key to successful co-parenting is open communication. As the holidays approach, discuss your plans with your co-parent as early as possible. This gives both of you the chance to express your ideas about how to celebrate and what the optimal schedule is for everyone. Also, be clear about travel plans, gift-giving traditions, or extended family gatherings, so everyone is on the same page. Aim for a cooperative spirit; after all, the goal is to create a happy experience for your child.

2. Create a Co-Parenting Plan

If you haven’t already established a co-parenting plan that outlines custody schedules, now is a great time to create one. This plan should specify how holidays, including Thanksgiving and Christmas, are handled. If one parent has the child on Christmas Day this year, consider alternating years or splitting the day to ensure both parents have time to celebrate.

3. Be Flexible and Creative

Sometimes sticking strictly to custody agreements may not be feasible. Be open to adjustments. For instance, if your child has an event at one parent’s house but is scheduled to be with the other parent, find ways to accommodate the situation. This might involve swapping days or extending visitation hours. Flexibility can help alleviate stress for everyone involved. A balanced approach doesn’t mean splitting everything 50/50. Some holidays may require more flexibility depending on travel plans, extended family gatherings, or work schedules. Be open to negotiating when needed to create a win-win situation for both sides and, most importantly, for the children. Be sure to document those agreements in writing!

4. Prioritize Your Child’s Needs

Remember that your child’s happiness should be your priority. While it can be easy to get caught up in your own plans and feelings, remember that the holidays can be an emotional time for children, especially as they adjust to life with separated parents. Some children may feel overwhelmed by the back-and-forth of shared custody during the holidays. Maintaining a sense of normalcy and tradition can help them feel secure.

5. Create New Traditions, Maintain Existing Ones

If it’s your first holiday season apart, creating new traditions or keeping familiar ones (like decorating the tree or baking cookies) can give your kids something to look forward to and make them feel more comfortable in the transition. You will create new versions of existing holiday traditions!

6. Set Boundaries and Stay Civil

Navigating shared custody during the holidays requires cooperation and mutual respect. It’s essential to set boundaries with your ex in order to maintain a peaceful co-parenting relationship. Avoid engaging in personal conflicts or reliving the past, especially when your kids are around. Keep conversations civil and child-focused to ensure the holidays stay stress-free for everyone.

7. Remember to Take Care of Yourself

While the holidays are often about family, it’s also critical to focus on your own self-care during this time. Coping with the pressures of co-parenting and being away from your children can be draining, so be sure to take time to recharge. Foster connections with friends, family, or support groups who can offer emotional support during the holiday season. If your schedule is especially hectic, allow yourself some downtime for self-care. Whether it’s enjoying a quiet cup of coffee, quiet reading time, a happy hour with friends, or taking a walk, giving yourself the grace to relax can make a big difference.

8. Focus on the Bigger Picture

Ultimately, the holiday season is about making memories and fostering meaningful connections. It’s okay if things don’t go perfectly—what matters most is creating positive, lasting experiences for your children and ensuring that they feel loved and supported by both parents. Whether you have your children for part of the time or for the entire day, make it special. Share the joy of the season, even if it’s in a slightly different way than you might have in the past.

Co-parenting during the holidays may require compromise, patience, and thoughtful planning. But with clear communication, respect, and a focus on your and your children’s needs, you can navigate the holidays with less stress and more joy.

Our lawyers can help you navigate co-parenting schedules and custody arrangements during holidays. Our support is tailored to each client’s unique situation, helping parents facilitate open communication to establish a fair and flexible parenting plan that accommodates all traditions and celebrations.

What’s This Every Other Weekend Thing Even All About? A Song About Separated Parents from the Perspective of the Child. – By Tyler E. Kaestner, Esq.

By Tyler E. Kaestner, Esq.

Country music singer Luke Combs’ new song “Take Me Out to the Ballgame” delivers a rare perspective. Written from the point of view of a child, the song describes the emotions and desires of coming to terms with his parent’s separation, and that his Dad is no longer living with him and his Mom.

The song begins by the Child recalling how he caught a foul ball at a baseball game, had it autographed by a player, and cherished it. He then shifts to talking about having to play ball with himself, and calling his dad to tell him he misses him, before asking if his Dad will take him out to the ballgame. The Chorus and second verse leave all pretenses behind – asking “what’s this every other weekend thing even all about?” – representing a common partial custody schedule that this Child is seemingly experiencing with his dad.

The Child in the song goes on to say that his Mom says she still loves his Dad, and in some way always will, and blames himself for his parents not being together: “I’m so sorry I was bad, I promise I’ll be better.” At the end of the second verse, the Child negotiates with his Dad: “cause I just wanna see you, and if you’ll come back, you don’t have to… take me out to the ballgame.”

The Child in this song clearly does not understand the adult complications in his parent’s relationship, he does not understand why his dad can not just pick him up from the house at any time, and ultimately, he just wants to be a kid and go see a baseball game.

Certainly, there are plenty of valid reasons and circumstances as to why the Child can not see his Dad regularly, and why the Child should not know about adult topics. However, what his song reveals is the innocence, confusion, and insecurity of a Child dealing with his world turning upside down. Sometimes, that perspective is lost in the middle of custody litigation.

While a lawyer’s duty is to advocate for his client, first and foremost, courts must consider the best interests of the child in determining a custody schedule. A family lawyer can help connect these interests, to ensure that the parent he represents, and the child, have a strong, loving relationship – which may be best served by allowing the other parent to come by for an extra visit if it helps the child transition to a new normal.

This is such an impactful song that I think every parent going through a custody dispute should listen to. It might just make your Child’s whole week if they could go to that ballgame with their other parent.

Who Keeps the House in a Divorce?

by Jennifer J. Riley

Knowing how to handle the house during separation and divorce in Pennsylvania can create the most insecurity during the process.  This post addresses some of the more common questions we answer related to the divorce process and the house (also commonly referred to as the “marital residence” in equitable distribution.)

Can I afford the house?

This is not an easy question to answer.  If you keep the house, you will likely need to refinance the house in order to remove your spouse’s name from the mortgage (if the mortgage is in both of your names).  You will also likely need to pay to your spouse a significant percentage of the equity value of the house. Please call us for a free consultation to receive legal advice as to how a house is valued in equitable distribution.  There are several details we will need in order to tell you how your house will be valued.

It is never too soon to discuss your pending divorce with a financial planner. A financial planner can help you investigate options available to you to help afford the mortgage after the divorce. Some things to consider will be:  the other assets you will have; whether you will receive or pay alimony; whether there is enough equity in the house. 

When we have all of the information related to your assets, your divorce lawyer can share with you different options available to help you afford the house.  We can look at your other assets, such as retirement accounts (including 401k Retirement Savings Plans), bank accounts, savings accounts, pensions, and more, to help you create a distribution and settlement that helps you keep the house.

If it will not be possible for you to keep the house, you will likely sell the house during or after the divorce process. Consulting with a realtor early in the process will help you understand the true fair market value of your house, and will help you decide if selling is right for you.

Can I leave the house during the separation and divorce process?

There is a great deal of “advice” on the internet suggesting that you refuse to leave your home during the divorce process.  In Pennsylvania, you do not lose your economic rights to the value of the house if you choose to move from the house.  Everyone has the right to live in a happy – and, most of all, SAFE – environment.  You are not a prisoner during the divorce process and the process can take anywhere from four months to several years, depending on the facts in your case; there is no reason to put your happiness on hold while the process continues.

If you move, you may not be able to move with the children – especially if you are relocating outside the county or state.  Please schedule a free consultation so that we can help you navigate moving from the home when you have children.  There are additional factors to consider when you are planning to move with your children from the house and we will provide you more detailed information to help you decide your next steps.

Do I have to pay the mortgage if I leave the house?

Generally speaking – and there are some exceptions – the spouse who continues to reside in the house is required to pay the mortgage, taxes, insurance, and other necessary expenses for the house. If the payments are not being made and your house may face foreclosure, be sure to contact a divorce lawyer as soon as possible.

We are happy to discuss other matters related to your house and the divorce process. Please schedule a free consultation with one of our experienced attorneys. We can provide answers to your questions to help you make these important decisions, and to help you protect what matters most.

Limits of AI in the Law

by Tyler Kaestner

Artificial intelligence (“AI”) systems have captured the attention and fascination of many; with the launch of the revolutionary “ChatGPT,” AI has become more accessible than ever. With the next step in its evolution, the tech company OpenAI has already outdone their introductory GPT model with “GPT-4.” “GPT-4 is an updated version of the company’s large language model, which is trained on vast amounts of online data to generate complex responses to user prompts.”1 This ability to “generate complex responses” is referred to as “generative AI.” This technology has wide reaching applications – including integration in search engines, language learning programs, and in the legal field.2

            This base GPT-4 technology has quickly made its way into program offerings by legal research companies, including Casetext and LexisNexis.3 Casetext’s “Cocounsel” program has promised to aid in legal research and tasks, becoming a premier “legal AI” tool. The program targets the general AI technology to the law practice by programming in a vast data base of case law and legal information, as well as allowing lawyers to upload documents for the program to review. These tech companies are also developing ways to bring legal tools to non-lawyers, including one company that is looking to make a “one-click lawsuit” for people to use in situations such as receiving an unwanted “robocall.”4

            While a battle between robots might inspire visions of Transformers fight scenes – there is certainly as much peril in them. Yes, AI technology is rapidly improving, and it can be quite impressive, but it is also imperfect. Current AI technologies are still riddled with errors that prevent them from operating at the level of reliability required in the practice of law. For example, in a highly publicized case, a law firm in New York was sanctioned by a Court for including several fictitious cases in a brief submitted to the court.5 In their defense, the lawyers said that they used ChatGPT to help in their legal research, and that these fake cases were given by the AI system. Not only that, but in an effort to double check the results, the lawyer asked the chat-bot whether the cases were real before including them in his brief – which the chat-bot again purported them to be real, and existing on legal databases, even representing them as being authored by real judges!6

            Yes, that means that ChatGPT’s program completely made up court cases, but was sophisticated (if it were a person, we might say devious) enough to incorporate real elements into them. The newer version, GPT-4, is said to be “60% less likely to make stuff up” – this leaves far too big a margin of error that the program could still flat out make stuff up. This raises major legal ethics concerns. With the ability for false information to be generated from the AI systems, even the co-founder of Casetext, the company that created the “legal AI” assistant, urges that the program “still requires attorney oversight.”7 Lastly, there is the fact that in order to power these systems, it requires lawyers to disclose sensitive personal information, that should otherwise be kept strictly confidential, to the AI software.3 With tech companies like OpenAI keeping their data processing mechanisms secret, there is no telling where a person’s information might end up, or how a lawyer could control where it goes.

            In sum, there is reason to be excited about the prospects around AI for personal use, and there might be way a person finds it makes life easier. But in the context of the practice of law, there is still too much room for error and violation of legal ethics for it to be relied on. The trained hand of an attorney is still required to meet the needs of their clients.

1 https://www.cnn.com/2023/03/16/tech/gpt-4-use-cases/index.html

2 https://www.theguardian.com/technology/2023/mar/15/what-is-gpt-4-and-how-does-it-differ-from-chatgpt

3 https://www.abajournal.com/columns/article/the-future-is-now-the-rise-of-ai-powered-legal-assistants

4 https://www.cnn.com/2023/03/16/tech/gpt-4-use-cases/index.html

5 https://www.reuters.com/legal/new-york-lawyers-sanctioned-using-fake-chatgpt-cases-legal-brief-2023-06-22/

6 https://www.bbc.com/news/world-us-canada-65735769

7 https://law.stanford.edu/2023/04/19/gpt-4-passes-the-bar-exam-what-that-means-for-artificial-intelligence-tools-in-the-legal-industry/