August 2023
Topics Covered:
Back to School and Co-Parenting

Recording Custody Exchanges

Restraining Orders

Prenuptial Agreements

Changes to the Divorce Code

College Debt

The Process of No-Fault Divorce

Narcissism and Divorce
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Our experienced Family Law Practice looks forward to working with you to efficiently solve your matters. If you are considering divorce, have custody and visitation questions, or need assistance with a current case, contact our office today for all of your family law needs. We are ready to assist and answer any questions.
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Blogs and Podcasts
Back to School and Co-Parenting
By Carolyn Mirabile, Family Law Managing Partner

It is back to school time and parents should be prepared to understand their rights and responsibilities as it relates to custody. Most custodial agreements provide for shared legal custody. As a result, both parents not only have a right to participate in school selection, but they have a right to all school related information, attend all school functions including activities and parent/teacher meetings.

If the parties cannot reach an agreement on school selection, they may need to file a petition with the court before enrolling their child(ren) in school. Additionally, each parent should directly contact the school to confirm both the teachers and administration have updated contact information and are aware the child(ren) is living in two separate households so that information is mailed or emailed directly to both parents simultaneously.
Can I Record my Ex Yelling at Me?
By Lawrence J. "Skip" Persick, Partner
You are in a contentious custody case. You and the other parent argue. Sometimes you are on the “giving” end, but most of the time you are the one receiving an unwarranted and unnecessary earful. While you know better than to give the other parent a verbal dress-down in front of your child, the other side is not able to control him or herself to the point where they can hold their tongue in tense situations. You know this is inappropriate, so you decide you are going to catch him or her in the act by recording the next outburst.
Should a Person With a Restraining Order Keep Their Firearms? Texas Court Says Yes
By John Zurzola, Partner
After states began enacting differing domestic violence laws in the 20th century, the Violence Against Women Act was passed in 1994. This law nationally recognized domestic violence as an epidemic and provided funding for state resources to combat it. Unbelievably, and as of the date of this writing – that is just less than twenty years ago. 
Changes in the Pennsylvania Divorce Code
By Carolyn Mirabile, Family Law Managing Partner

An important change to the Divorce Code will have a significant impact on contractual beneficiary designations effective May 2, 2023. Section 3323 has been amended to add subparagraph (b.1) which provides in part, “[a]n order accompanying a Decree of Divorce or annulment of the marriage shall include a provision informing the parties to reaffirm or change the beneficiary status” …on all contractual arrangements providing payment to a spouse such as life insurance policies, annuities and retirement plans “…if it is the intention of one of the parties to keep or change the other party as a beneficiary”. Attorneys must also affirmatively warn the parties failure to have such a provision in their agreement or court order may result in revocation of the beneficiary designation. 
Let's Talk Family Law
Podcast Episodes
Frustration Contempt
By Lawrence J. "Skip" Persick, Partner
Over the years I have had a number of clients get into trouble with the courts for doing what they think is right. The situation starts like this, the parent with primary physical custody of a child knows that the child needs a certain service, be that service medical, psychological or educational. The service either is or is close to essential. When the primary custodial parent contacts the other parent, the second parent either does not respond or gives a non-committal answer, further frustrating the child’s situation because of the delay. So, what does the parent with primary custody do?
Another Blow to College Debt
By Carolyn Mirabile, Family Law Managing Partner
In Pennsylvania parents are not required to pay for their children’s college education. In many instances, parents in an intact marriage agree to co-sign student loans to help their children obtain an education. If a divorce is filed any college debt the parents agreed to co-sign during the marriage becomes marital debt for which each parent may have responsibility to pay post-divorce. The Student Loan Forgiveness Program was an opportunity of forgiveness for $10,000 per borrower in student loans and up to $20,000 in some cases.
Can My Kids Call My Husband “Daddy” Even if He Isn’t Their Father?
By Lawrence J. "Skip" Persick, Partner
As I indicated in my last blog post, Pennsylvania’s Superior Court gave us family lawyers a nice list of issues in Rogowski v. Kirven, 2023 Pa. Super. Lexis 75 (March 1, 2023). In that blog I addressed what I call “frustration contempt”. You can read it here. Another issue in that same opinion is something I am frequently asked, but until Rogowski, never saw the issue addressed by any appellate court. That is, a child calling a stepparent “daddy” or “mommy”.
Every Dog Has His Day
By Carolyn Mirabile, Family Law Managing Partner
When a new client hires me in their family law matter the first piece of advice I give to the client is, “get off all social media.” Most clients don’t listen to me until they feel the first effects from a social media post gone wrong. For example, a client is getting ready for support court and represents they don’t have any money to pay support. The estranged spouse then sees recent social media posts from her husband with his new significant other on an expensive trip.
Legal Articles
Does Shared Legal Custody Really Include Religious Decisions?
By Carolyn Mirabile, Family Law Managing Partner

Article published by The Legal Intelligencer
Legal custody in Pennsylvania is very broad and encompasses many decision-making issues. In most cases the parties have shared legal custody which enables both parents to make decisions which affect the welfare of the child. In a recent Pennsylvania Superior Court case, Rogowski v. Kirven, 725 WDA 2022 8-9 (Pa. Super. Ct. 2023), which was published in March, the appellate court addressed the challenging issues regarding a religious decision made by one of the parents and the consequences of violating shared legal custody.
By Skip Persick, Partner


Article published by The Legal Intelligencer
Like most of us family lawyers, I try to keep abreast of the continuing developments in our area of the law. There now exists a number of email services that fill the role of what we used to call “advance sheets.” Now, instead of reading through the monthly booklet of new reported appellate decisions, I get an email, almost every day, with pertinent opinions from Pennsylvania’s various appellate courts relative to my practice. These include both reported and unreported decisions. Ironically, sometimes the unreported decisions pique my interest more than the reported ones.
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