Pittsburgh Divorce Law Blog

Occasionally, my law firm is contacted by a step-parent inquiring about his or her child custody rights after the break-up of a relationship. The child custody rights of a step-parent are quite similar to those of a biological parent in many ways. A step-parent in Pennsylvania has the right to sue a custodial parent for partial custody or visitation of the natural parent's child. This typically occurs when the parties married and lived together for a substantial period of time with the child/children and the step-parent assumed the role of supporting and caring for the natural parent's child. If the natural parent refuses to grant the step-parent access to the child, the step-parent should consider contacting an attorney and filing a complaint for partial custody or visitation.

The one major difference between a step-parent's rights and a natural parent's rights is that a court will not typically award the step-parent primary physical and legal custody except for in exceptional circumstances. The Court tends to prefer biological parents for obvious reasons. However, if, for example, the step-parent, natural parent and child live together as a family unit and the natural parent passes away, the Court may award the step-parent primary physical custody even if the other natural parent is still alive.

As you can see, a step parent has a plethora of custody rights in Pennsylvania, depending on the situation. If you are a step-parent and have any questions regarding your custody rights to a step-child, contact my family law practice, Gusty A. E. Sunseri & Associates, to discuss your options.

As an equitable distribution in many of the divorce cases my firm handles one of the assets that needs to be addressed in equitable distribution is the parties' Social Security benefits. In any marriage that has lasted 10 years or longer and at least one party was contributing to Social Security, both parties are entitled to benefits. If only one spouse was paying into Social Security, the non-paying spouse will be entitled to spousal benefits. If a party claims spousal benefits at retirement, he or she is typically entitled to 50 percent of the full benefits of the wage earner. If for some reason the benefits are claimed early, this amount will be reduced.

If both parties were paying into the system throughout the marriage of at least 10 years, they are entitled to their own benefits or the spousal benefit, but not both. Therefore, it is sometimes more beneficial for a party to take 50 percent of his or her spouse's benefit rather than taking one's own benefit depending on the respective amounts.

Finally, if a party divorced and remarries before he or she turns 60, he or she will no longer have a claim to the former spouse's Social Security benefits. Conversely, if a party divorces and subsequently remarries after age 60, he or she retains the right to their former spouse's spousal or survivor benefits for the rest of their lives.

If you have been married to your spouse for more than 10 years and one or both of you have been contributing to Social Security, it is important to consider the impact your respective Social Security benefits may have on the distribution of assets in your divorce. If you are facing a divorce and need advice, you should contact my Pittsburgh law office, Gusty A.E. Sunseri & Associates, about the implications of Social Security on your case.

Teenagers love to believe that they are old enough to know better for whatever reason, and I was as guilty as any. At about the age of 15, teenagers start believing that they are much smarter than their parents. This transition is painstaking and trying for married parents, but it is especially complex for divorced couples. The complexity of this teenage phenomenon can be exacerbated by one or both of the divorce couples poisoning the mind of the teen against the other parent.

Yes believe it or not, the two "once love birds" now hate each others guts and will resort to what ever means to make the exspouse's life a pure hell. There's no better person to help them attack the other parent than the rebellious young teenager who, quite honestly, can play each parent like a fiddle. The motivation varies from just wanting to proverbally stink needles in the other parent's eyes to wanting more time with the child to reduce or increase child support (by the way, you can still owe child support even though you have custody of the child 50% of the time). In either case, there is just one loser-the child. Let's face it, no one deserves to be treated like a pawn, especially young children who are already going through the tumultuous emotional throngs of a divorce. These types of parents should try to take one second and think about the affect its going to have on the child. They also should try and be objective-maybe the other parent is more strict at a time when "more strict" is needed, Or, maybe the other parent is more loving at time when when a big time "loving" is needed.

So if you are a divorced parent with a young teenager, try not to use the youth like a chess piece. Treat him or her with hard love, think about what the other parent brings to the table as a parent and just let life happen. I guarantee it will eventually feel much better than the strategic placement of those needles.

It seems as though it has become increasingly common to hear about college students getting busted for marijuana possession. Each year, there seem to be more and more college athletes being suspended by their university or questioned by professional teams when entering the draft regarding "character issues" following a failed drug test because of marijuana use. The consequences of being caught with marijuana on those students, however, are very different than the average student.

First, there are the obvious legal implications of being arrested or cited for marijuana possession. The severity of the penalty depends on the amount of the drug the individual has on him or her. If the student possesses 30 grams or less, he or she will be charged with possession of a small amount of marijuana. This crime carries a maximum penalty of 30 days in jail and a $500 fine. If an individual possesses more than 30 grams, he or she will be charged with possession of marijuana and could be sentenced to up to one year in jail and have to pay a $5,000 fine.

However, the implications of a student being convicted of drug possession can be farther reaching than he or she may realize. According to the Higher Education Act of 1998, a student convicted of any crime involving the possession or sale of a controlled substance is not eligible for student aid for a year following the conviction. If the student is convicted of a second offense, he or she is then ineligible for an additional two years. A third offense renders the student permanently ineligible for student aid. If the student is convicted of selling a controlled substance, the penalties are even stiffer, with a two year ban from receiving financial aid following a first conviction.

If you are a student or are the parent of a student and he or she is facing drug charges, it is imperative that you contact an experienced criminal defense attorney very early in the legal process. The ramifications of a drug conviction are farther reaching than you may realize. My Pittsburgh law firm, Gusty A.E. Sunseri & Associates, may be able to help minimize the impact of the charges and prevent you or your child from losing financial aid.