Custody
Support
PFA
CASAC Procedures
The 3 Rs: Representation, Referrals and Relocation
100
Name 5 of the custody factors.
1. Which party is more likely to encourage and permit frequent and continuing contact between child and other party. 2. Present and past abuse by a party or a member of a party's household; whether there is a continued risk of harm to the child or another party; which party can provide adequate safeguards and supervision for child. 3. The parental duties performed for the child by each party. 4. The need for stability and continuity in the child's education, family life, and community. 5. The availability of extended family. 6. The child's sibling relationships. 7. The well-reasoned preferences of the child, based on her maturity and judgment. 8. The attempts of one parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child. 9. Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child. 10. Which party is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child. 11. The proximity of the residences of the parties. 12. Each party’s availability to care for the child or to make appropriate child-care arrangements. 13. The level of conflict between the parties and willingness and ability to cooperate with one another. 14. The history of drug and alcohol abuse for all parties and their household members. 15. The mental and physical conditions for all parties and their household members. 16. Any other relevant factor.
100
When does support begin to accrue?
At the date of filing
100
Who can a PFA cover?
Family or household members; includes unmarried intimate partners living separately
100
True or false?: I called my client and he didn't answer, but I should put a note about it in Legal Server anyway.
TRUE!! Include in LegalServer EVERY contact or attempt at contact with your client!
100
What types of cases should you refer for PLA Family Law Attorneys to represent or certified CASAC students to represent? Name 3 instances when this referral is appropriate.
Cases with severe domestic violence, complicated and serious cases involving small children, cases involving language minorities. Notes: - Cases where the client is an adolescent parent can be directly referred to Jesse. - In cases where Client is or has been a victim of sexual abuse, even if OP is not the sexual abuser, Client is eligible for PLA's DOJ grant -- email Nour El-Youssef at NEl-Youssef@philalegal.org to refer these cases. *Never tell a Client they have representation until it is confirmed.
200
What is the difference between a custody master's conference and a custody hearing? What is the most important advice we give to clients during a custody master's conference? What is the most important advice we give to clients during a custody hearing?
A custody master's conference is not before a judge, not on the record, and resembles a mediation. If the parties agree on a custody arrangement, the judge will issue a Final Order. If the parties do not agree, the matter will be set for a Custody Hearing before a judge. Advice: clients should not agree to any arrangement that they are uncomfortable with. A custody hearing is a recorded hearing with testimony and both parties receive the opportunity to speak. It can be before a judge or a master. Advice: a prepared client knows what relief she is asking for and is able to articulate why that relief is in her child's best interests. Clients should bring any evidence that bolsters their argument.
200
What are the three major factors considered when determining child support?
(1) Client income/earning capacity (2) Opposing party income/earning capacity (3) Number of children
200
How long can a final PFA order remain in effect?
Up to 3 years
200
What can I do if I have a question I don’t know the answer to (name at least 3 things!)
(1) check the manual (2) ask a shift manager (3) ask a supervising attorney (4) ask a fellow advocate
200
When can you flag a case for VIP representation?
- OP must have representation - There is an upcoming court date - The upcoming court date is more than 2 weeks away. (see p. 42-43 of your manual for VIP referral steps)
300
When is there a custody master's conference as opposed to a custody master's hearing?
If one party filed for primary custody, a custody master's conference will be held. If the party files for partial, shared or supervised custody (and the other party does not cross-file for primary custody), a custody master's hearing is the first step.
300
What are the four ways to establish paternity?
(1) acknowledgment (2) court order (after DNA testing) (3) marital presumption (4) paternity by estoppel
300
As an advocate, what three things must you make sure your client can articulate to you and to the judge?
(1) what the OP did (2) what the OP said (3) how those words and actions made the client feel
300
DAILY DOUBLE: What should you do if you feel that CASAC should provide the client with a token to assist with the cost of traveling to our office? What are the guidelines in deciding when a Client might be an appropriate candidate for travel assistance?
First, consult your Shift Manager before providing or promising to provide tokens to a client. Guidelines: 1. CL has limited mobility due to disability, injury, illness or age (but not if the CL is over 65 and has a Medicare card or a PA Senior Citizen Transit ID Card because if they have that, they already ride for free). 2. CL has mentioned that it is difficult for them to travel to the CASAC office. 3. CL requests tokens. 4. CL will be returning to CASAC for a document pickup. 5. CL is unemployed and otherwise without means of transportation. 6. CL does not live within walking distance of PLA.
300
To what other organizations can we refer our clients for representation?
Women Against Abuse - severe DV cases Legal Clinic for the Disabled and SeniorLAW Center - elderly clients or those with severe physical disability. Community Legal Services - CL is parent of child involved in a DHS proceeding
400
In what circumstances can a client file for expedited or emergency custody (explain both!)
Expedited: parent who is being denied all access; other time-sensitive circumstances Emergency: when something has just occurred to put the child in imminent risk of physical/sexual abuse; one party is going to remove the child to a non-hague country.
400
What happens if a client is receiving cash assistance and also should be getting child support? What should a client consider when deciding to apply for support and/or welfare
Support payments will go to DPW to reimburse DPW for the cash assistance and the Client will receive only a "pass through payment." The client may receive more money through support, but welfare may be a more consistent option.
400
What must a client show in order to get a temporary PFA at an emergency ex parte hearing?
Immediate and present danger of abuse
400
Can a client bring other people into the room with them? (Extra Credit: Are there exceptions?)
No because this destroys attorney-client privilege. The client can only bring a person into the room if: 1. The other person is a child young enough that they cannot understand your conversation. (Otherwise, bring child to the CASAC office for shift managers to supervise). 2. The other person is a parent of a client under age 18 or the guardian of a Client deemed to be incompetent by a court. We still recommend meeting with teen clients privately, however, to facilitate accurate information from the client. 3. The other person is an Opposing Party who has consented to do a Stipulation for an agreed order of custody. (But even in this situation, you should meet with your Client privately first).
400
What can we do for a client that wants assistance with divorce?
While neither CASAC nor PLA handle divorce matters, we can refer our clients to VIP through LegalServer, which may help them obtain representation.
500
When do grandparents and great grandparents have standing to file for custody?
A grandparent has standing to file for PARTIAL/SUPERVISED physical custody in the following circumstances: a) If a child's parent is deceased, then the deceased parent's parent or grandparent has standing to file for partial or supervised physical custody. b) If the child's parents have been separated for at least 6 months or have begun divorce proceedings, then any grandparents or great-grandparents have standing to file for partial or supervised physical custody. c) If the child lived with the grandparent or great-grandparents for 12 months or more AND was removed from their home by a parent rather than a non-parent, the grandparent has standing to file for partial or supervised physical custody WITHIN 6 months of removal. A grandparent has standing to file for PRIMARY OR SHARED physical or legal custody if ALL of the following apply: a) Their relationship with the child began with the consent of a parent or under a court order, b) The grandparent assumes or is willing to assume responsibility for the child, and c) One of the following conditions is met: 1- the child has been determined to be a dependent child (under a court ruling after DHS intervention) 2- the child is substantially at risk due to parent abuse, neglect, drug or alcohol abuse or incapacity (includes imprisonment, parent death, etc) 3- the child has lived with the grandparent or great-grandparent for 12 months or more and the child is still in the home or was removed by a parent within the last six month's of the grandparent's custody filing.
500
DAILY DOUBLE: Explain how to calculate SSI for disabled children.
If a child for whom support is sought is receiving Social Security benefits as a result of a parent’s retirement, death or disability, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and the obligee to calculate the income available for support on the vertical axis of the basic child support schedule set forth in Rule 1910.16-3. The presumptive amount of support as set forth on the schedule at the combined income of the obligee, obligor and child’s benefits shall then be reduced by the amount of the child’s benefits before apportioning the remaining support obligation between the parties pursuant to Rule 1910.16-4. This calculation presumes that the primary custodial parent, or the shared custodial parent who is the obligee, is receiving the child’s benefits. In cases in which the obligor is receiving the child’s benefits, the amount of the child’s benefit shall be added to the obligor’s income and support shall be calculated as in any other case without deduction of the amount of the benefit from the presumptive amount of support set forth in the basic support schedule. For purposes of determining the support obligation of a surviving parent when the child is receiving benefits as the result of the other parent’s death, the income of a non-parent obligee who is caring for a child but has no support obligation to that child shall include only those funds the obligee is receiving on behalf of the child.
500
What should the client do to prepare for their PFA hearing?
The client should collect: medical evidence (pictures of bruises and hospital records); witnesses; damages/financial losses (including bills); police reports; phone records
500
Now that you have been part of CASAC for more than one semester, what is the procedure for drafting documents (i.e. to whom do you send your documents for feedback and how much time do you have to give them to get the document back to you)?
For your first set of documents this semester, follow the same process as last semester: 1. Draft and send documents to SMs by email at least 5 days before pick up. SMs will respond within 24 hours (if they don't, send them a follow-up email). 2. Make changes and provide the next draft to Jesse at least 2 days before pick-up. 3. Make changes and attach your final draft to Legal Server. Email the entry to Jesse. For all documents you draft after your first set, you may submit documents directly to Jesse and copy your SMs on the email.
500
If a party wishes to relocate, who must he/she notify and within what time frame? How long does an objecting party have to file and what happens if they object?
A party wishing to relocate must notify everyone with a leal right to the child regardless of whether there is a custody order. The party must notify the other party within 60 days of the move or if the party could not have reasonably known about the move within 60 days, then the party must notify within 10 days of learning about the move. A detailed notice must be filed with the Clerk and then served on the non-relocating party by certified mail AND regular mail. A party has 30 days to object. If the party objects to the relocation, a relocation hearing will be held and the party wishing to relocate has the burden of establishing that relocation will serve the best interests of the child. (Relocation Factors are on p. 87-88 of your manual). If the party fails to object within 30 days, the party seeking relocation should file a petition to confirm relocation.
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