John D. Sisto, P.C. John D. Sisto, P.C.2023-07-14T05:15:32Zhttps://www.johndsistolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303511/2022/09/cropped-JDS-site-icon-32x32.jpgOn Behalf of John D. Sisto, P.C.https://www.johndsistolaw.com/?p=2527602023-05-26T10:33:56Z2023-05-26T10:33:56ZDifferent factors that it will consider
Deciding what is in a child’s best interest simply means looking at all of the relevant factors of the case and trying to figure out what custody solution would be best for them. For instance, courts often assume that it is best for a child’s development if they’re involved with both parents, which is why shared custody is now the norm. Here are some other factors that the court may consider when contemplating its decision:
The child’s age
The parents’ age and health
Any special needs that the child has
The child’s gender
What the child’s preference would be if asked
Where the child goes to school
What the living situations are like with both of the parents
If there is evidence of criminal activity or abuse
The child’s relationship with extended family members
The parents’ roles in the family before their divorce
What this means is that the decision that the court will make may not necessarily be in line with what either of the parents want. In the example above, if they both wanted sole custody, but they are likely both going to be disappointed when they’re ordered to share custody. This is because the court is focused on the child and not the parents.
Exploring your options
Going through a divorce can be complicated, especially if you’ve never done it before. Make sure that you know exactly what legal steps to take when determining custody. Seeking legal guidance as proactively as possible is important, regardless of whether you plan to negotiate or litigate your situation.]]>On Behalf of John D. Sisto, P.C.https://www.johndsistolaw.com/?p=2527592023-02-28T09:46:56Z2023-02-28T09:46:56Zrising divorce rate. This is the only age group that is experiencing this particular trend, at present. Older couples who are splitting up are going to have different financial concerns than younger couples, so their divorce process is going to look much different. But the reasons that these couples may choose to file for divorce in the first place may be just as different as the solutions that they seek during divorce negotiations.
Getting married too young
One thing to consider is that there are links between the age at which someone gets married and their odds of getting divorced. The ideal age, according to some sources, is 32. Those who get married before they are 32 years old may feel like they have made a mistake. Young couples sometimes feel the relationship change simply as they get to know each other better, and they may also face financial issues that would not necessarily be as common for older couples who have amassed more significant assets.
Becoming empty-nesters
On the other hand, these older couples may have already had children who have moved out of the house. Empty nest syndrome can sometimes lead to divorce because parents have to find out how to relate to each other differently when there are no longer kids in the house with them. They may also find out that they’ve drifted apart since they were younger.
No matter what, it’s very important for couples who are splitting up to carefully consider the stage in life that they are in and what goals they have for their divorce. They can then begin working toward those goals and exploring all of their legal options in order to achieve them efficiently and effectively.]]>On Behalf of John D. Sisto, P.C.https://www.johndsistolaw.com/?p=2527582022-11-23T22:20:24Z2022-11-23T22:20:24Z“Too drunk to drive” is a nebulous standard
A lot of people incorrectly believe that they can only be charged with drunk driving if their BAC exceeds that 0.08% marker – but that’s merely the “per se” limit that automatically equates to drunk driving. An officer needs no other evidence than a reading that high or higher on a Breathalyzer device or other chemical testing to make an arrest.
However, state law says that you cannot be in control of a vehicle if you’ve had enough alcohol that you are “rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.”
That means an officer can base their arrest on things like:
The driving behavior that initially attracted their attention and prompted the traffic stop, whether that was an obvious violation (like running a red light) or something that was merely suspicious (like driving too slowly or pausing far too long at a stop sign)
Your conduct during the traffic stop, which could include anything from inappropriate or belligerent behavior to slurred speech, bloodshot eyes and fumbling for your license and registration too long. If you agreed to roadside sobriety testing, like the one-legged stand test, and failed, that could also be used against you.
Whatever the specifics of your situation, don’t let an arrest turn into a conviction without a fight. There are defenses available.]]>On Behalf of John D. Sisto, P.C.https://www.johndsistolaw.com/?p=461032022-09-06T10:05:06Z2022-08-23T18:06:39ZIn Pennsylvania, you either agree or pursue a fair outcome
Spouses still have the right to set their own property division terms at any point before the courts issue a final order. Even if things start out contentious, you may eventually come to an agreement about the best way to divide your property.
You can save yourself a lot of time and frustration if you and your ex can cooperate with one another and file an uncontested divorce. Tools like mediation can make it easier for you to overcome your current disagreements and reach appropriate solutions for your retirement accounts, real estate and other valuable assets.
If you are unable to reach an agreement with your spouse, then you will have to litigate property division matters. The Pennsylvania family law judge will hear about the details of your marriage and the property that you share to decide the best way to divide those assets. State law imposes an equitable distribution rule. A judge should focus on what would be fair, not necessarily on an even split.
Factors ranging from your child custody arrangements to your individual income can influence what a judge decides is appropriate and fair when dividing your property. Learning about Pennsylvania divorce laws can help you understand what to expect as you work toward marital dissolution.]]>