Tag Archive for: divorce attorney

Why You May “Conflict Out” in Your Divorce Case

Divorce attorneys must be very careful to avoid conflicts of interest when representing clients. Unfortunately, angry spouses in a divorce case sometimes use this issue to their advantage, effectively barring their spouse from working with an attorney with whom they have already shared their side of the story. 

Learn why you may “conflict out” in a divorce case and how to proceed when your spouse uses this tactic against you. 

What Does It Mean To “Conflict Out?” 

“Conflicting out” is a tactic used to prevent a person from working with an attorney. When you call a divorce attorney’s office to inquire about hiring them, they will conduct a conflict check to ensure they have not had a conversation with your spouse. 

Sometimes, in heated divorces, one spouse will call every divorce attorney in the area and set up a consultation with them. Even your spouse speaking with an attorney briefly about your divorce can bar you from working with them. Suddenly, you cannot work with attorneys in your area due to a conflict of interest. 

Types of Conflicts That May Prevent You From Working With an Attorney 

Many conflicts of interest can lead to disqualification in legal cases. Attorneys take confidentiality obligations seriously as part of their prospective client rules. If there is any barrier to confidentiality in your case, they won’t work with you. 

Any of the following may also be a reason to conflict out:

  • Your children know the attorney’s children 
  • Your spouse has been divorced before, and this attorney represented them
  • Your attorney has a personal interest that interferes with their ability to represent you fairly
  • Your attorney is concerned about any other “materially adverse interests” 

Under an attorney’s rules of professional conduct, they will not accept any clients that may violate the confidential attorney-client relationship. This is why attorneys complete an initial conflict check process before you sign a retainer agreement.

What To Do If Your Spouse Has “Conflicted Out” Your Preferred Attorney 

If you are concerned that your soon-to-be-ex-spouse will attempt to conflict you out, explain why this would not be wise. Preventing you from seeking good legal counsel will only prolong your divorce case. If you both have access to strong attorneys, you can finalize the divorce faster and move on with your lives. 

But if your spouse has already used this tactic with an attorney you were interested in hiring, document their behavior. You won’t be able to work with your preferred attorney, but the attorney you end up with can use your spouse’s behavior to your advantage during the divorce. This may give you a leg up during the property division or child custody process. 

The attorney you were hoping to work with can recommend other divorce attorneys in your area.

Schedule a Consultation With Karen Ann Ulmer, P.C., Today 

Knowing why you may “conflict out” when hiring a divorce attorney can help you prepare for your spouse’s tactics. Contact Karen Ann Ulmer, P.C., today at (866) 349-4461 for help protecting your rights during the divorce. 

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Is Your Divorce Attorney Using AI?

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Artificial intelligence has the potential to streamline many rote tasks across virtually any industry. If your divorce attorney mentions that they have begun using AI to aid certain processes, you may initially feel a little wary—and rightfully so. If they aren’t careful, your attorney’s use of AI could negatively impact your case. 

Review these considerations for divorce attorneys using AI.  

Ways Your Attorney Could Be Using AI in Your Case

Recently, attorneys across numerous practice areas have begun using AI to aid their research and documentation processes. In theory, AI could help attorneys save time. However, because the divorce process is very sensitive, using AI could lead to serious mistakes or violations. 

These are a few ways your attorney may be using AI and they may not be a good idea. 

Creating Documents

AI software can help divorce attorneys draft property settlement agreements and other legal documents. The attorney just needs to input the agreement’s details, and the software will turn it into a full-length legal document. 

However, AI doesn’t have the same legal training as an attorney, and it may unknowingly generate a document that is not legally binding. Inputting a client’s personal information into this type of software could also violate client confidentiality, as you never know what software companies do with such data. 

Predictive Analysis

Predictive AI makes predictions based on past data. Many lawyers have begun using this technology to analyze datasets or legal cases and identify patterns. For divorce attorneys, this type of AI could help with analyzing a client’s assets and looking for potential discrepancies.

Of course, predictive AI isn’t 100% accurate. Attorneys need to be careful to check the facts generated by AI to ensure that they are legitimate and trustworthy. 

Ethical Considerations for Using AI in Divorce Cases

Some divorce attorneys remain wary of using AI because of its inability to adhere to ethical standards. Artificial intelligence does not consider ethics when completing tasks. Instead, ethics are human creations. 

Because of this fact, AI does not have the capacity to determine what is ethically “fair” for divorcing couples, or to consider morals when drafting documents or coming up with suggestions for attorneys. Divorce attorneys using AI need to be careful not to violate ethical standards. 

Potential Pitfalls of AI in Family Law

AI tools are still relatively new and are nowhere near foolproof. This technology has several limitations that attorneys need to keep in mind:

  • Inaccuracy: AI can generate completely false information and present it as fact.
  • Security risks: Like any virtual tool or platform, AI platforms are vulnerable to security breaches and hacking.
  • Emotionless: AI does not feel human emotions and eliminates the humanity within legal practices.

Contact Karen Ann Ulmer, P.C. for Reliable Divorce Assistance 

If you feel unsure about your divorce attorney using AI, you aren’t alone. AI may not be reliable or accurate enough for usage within serious legal processes.

At Karen Ann Ulmer, P.C., our family law services and legal advice are completely human-led. Contact us today at (866) 349-4265 for a divorce consultation.

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Bad Divorce Advice

If you are divorcing, you need the support and understanding of friends and family to help you through the process. What you do not need is bad advice that, if followed, can harm your interests and increase the cost and complexity of the process. 

If you talk to someone about your divorce and the issues that come with it, you could get a variety of reactions. The other person may want to change the subject. They may have been divorced in the past and provide you with helpful insight.  

They could also be well-meaning but give you misinformation or inappropriate suggestions based on what they have read on social media or the supposed experiences of their friends and family members. You need to filter out the wheat from the chaff. 

Bad divorce advice:  

Over the years, clients have told us plenty of incorrect, illegal, and just plain whacky ideas they have heard. Here are a few that are worth avoiding: 

  1. You Should Lie to Get the Best Divorce Possible 

It could be making up abuse by a spouse, hiding assets, distorting important conversations with your spouse, or claiming you do not remember something that you clearly do. Chances are this will poison whatever goodwill is left with your spouse. The case will head to litigation, not a settlement, and your duplicity will probably be exposed. 

You may have been in a good position to reach your goals, but your dishonesty may effectively set your case on fire. Judges have enough to deal with and do not have patience for liars. Neither do we. We have enough honest clients to serve. We do not want to work with dishonest ones. It is not worth the grief. 

  1. You Should Save Money and Represent Yourself 

Representing yourself may be a good idea in limited circumstances. If the two of you are childless, have low incomes and few assets, and want the relationship to end, then representing yourself is worth considering.  

However, while you may think you are saving money by representing yourself rather than hiring an attorney, more than likely it will cost you in the long run.  The legal process can be complicated and you could waive rights, trust your ex a bit too much, or not take care of details causing you headaches and significant issues in the future.  

You may qualify for help from legal aid organizations, depending on your circumstances. You may also receive financing to help pay for our services. 

Anyone thinking about a divorce should at least talk to an attorney. When we talk to prospective clients, we often spot issues they did not know about or thought were unimportant. If an attorney is not protecting your rights and interests, you may end up with a divorce that is not in your best interest. It may cost you far more in the long term than what you saved in legal bills. We can help you keep your costs down. 

  1. Spend Money While You Can 

Going on shopping sprees, enjoying an expensive vacation, or showering friends and family with gifts sounds like great fun, but it is not a good idea if you are getting divorced. It comes with equitable or fair asset and debt distribution. There will be a formal moment when you and your spouse decide to divorce. Once you establish that point, you will be responsible for your spending.  

By spending money owned by the two of you, you will end up with less when all is said and done. That wasted money will be subtracted from what you may have received. It will not come out of your spouse’s pocket. You also risk being cut off from funds if your spouse asks a court to freeze assets you might abuse, and you, not the two of you, may end up with your credit card bill. 

Get the Help You Need from an Attorney You Can Trust  

If you are considering getting divorced or have decided it is right for you, call us at (215) 608-1867 or schedule a consultation online now. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office. 

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Divorcing When Wealthy: Please Use Common Sense

Divorce is never an easy decision, but when wealth enters the equation, it adds layers of complexity that can make the process more challenging. High-net-worth individuals face unique issues and considerations when seeking to dissolve their marriages. Nearly all divorces are resolved through negotiations, and negotiations are especially important when a couple is wealthy.

Legal Representation

The more the two of you have, the more is at stake in a divorce. High-net-worth divorces require specialized legal representation and the use of outside experts. You rely on other professionals to run your business or manage your wealth. It only makes sense to retain a Karen Ann Ulmer, P.C., attorney to protect your interests during this critical time in your life. We will help you negotiate the best resolution possible for you and your family.

Equitable Asset Division

One of the most significant challenges in a high-net-worth divorce is the division of assets. The greater the assets and the more complex they are, the more difficult it can be to unwind the financial relationship between the two of you. Once we get all the information about the assets you hold, we can begin to negotiate a fair and reasonable division that will work for both parties.

Prenuptial Agreements

Prenuptial agreements are legal documents specifying the division of assets if the couple divorces. These agreements are especially useful when one or both parties have substantial wealth. If the two of you signed an agreement, we can review it.

If it is properly written and executed, it is binding. All that the agreement covers cannot be disputed or litigated during the divorce. That is good if the agreement is favorable to you, not so much if it is not.

Spousal Support

Depending on the circumstances, wealthy individuals may be required to pay substantial spousal support (alimony) to their former spouse. The marriage’s length, the income disparity between the parties, and the lifestyle to which the spouses are accustomed play a role in determining the amount and duration of spousal support.

Negotiating this aspect can be contentious, and often, the party potentially paying the support may be able to lessen or eliminate it if the other party receives certain assets or other issues are negotiated in their favor.

Business Interests

For those owning businesses, divorce can significantly impact a company’s operation and ownership. It is vital to consider the implications of a divorce on the business, including issues like stock ownership, control, and valuation. Depending on which side you are on, you want to protect your business interests and ensure its continuity, or you want your fair and equitable share of the company. Negotiations concerning the ownership of a family business can become emotionally charged, but it is something we have successfully handled many times.

Take the Best Approach

Litigation involving high-net-worth individuals can be very complex, time-consuming, and expensive. Those with more resources can spend more on litigation, but that is not necessarily a good idea.

In addition to spending hard-earned family wealth in the courtroom, divorce trials are open to the public. Whatever “dirty laundry” aired at trial can become public knowledge. You also lose control of the divorce’s outcome when it is put into the hands of a judge or jury.

Reaching a divorce settlement is like negotiating a business deal. It is all about costs, benefits, risks, and how to best manage them. Your divorce will be resolved one way or another. If the parties are reasonable, common sense will dictate the give and take between the parties. Once both parties know all the facts about your assets and other relevant issues, it is best to start negotiations sooner rather than later, because they could take a long time.

If your spouse is unreasonable when negotiating or sees the divorce as a way to get “payback,” litigation may be inevitable. Whatever path your case takes, Karen Ann Ulmer, P.C., attorneys will protect your interests and defend your rights.

Get the Help You Need from an Attorney You Can Trust 

If you are thinking about getting divorced or you have decided it is the right choice for you, call us at (215) 608-1867 or schedule a consultation online now. No matter your income or assets, you can start a new chapter in your life. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office. 

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Is One of Your New Year’s Resolutions to Get Divorced?

We think of a new year as a re-birth, an opportunity to reinvent ourselves and change our lives. That could be changing jobs, living healthier, going on that vacation you dream of, or ending your dysfunctional marriage. If you have had enough of marriage and decide it is time to move on, Karen Ann Ulmer, P.C., is here to help.

Holidays are stressful when a marriage is on the verge of breaking up, especially if you have kids. You feel the need to “keep up appearances” to family and friends. You want your kids to have a positive holiday season, not one filled with thoughts of parents going their own ways. That is all perfectly reasonable, and it may be easier to do knowing that you will not need to continue your charade next year, so make the most of it.

Talk to Your Spouse

If you have not discussed a divorce with your spouse, unless you are in an abusive relationship and fear for your safety, you should. Ideally, you will be on the same page and can limit disagreements. When each spouse is reasonable and respectful, the process can go much faster, with less stress and expense. It is also far easier on children when the relationship ends on a positive (or at least not negative) note.

Contact Our Office

Holidays and obligations in November and December cut into the time and energy needed to prepare for a divorce. No matter how hectic your schedule, take the time to call our office and schedule a consultation. We can discuss your situation, what you need to do to prepare to get divorced, and how we can help. Together, we can “game plan” how to accomplish your goal of getting divorced.

Get Organized

Whether you start this year or after the holidays, collect and organize critical financial information and documents, including those concerning:

  • Mortgages
  • Home equity loans or lines of credit
  • Credit scores and reports
  • Debts such as credit cards, student and vehicle loans
  • Property ownership
  • Investments
  • Retirement savings
  • Bills from private schools or colleges showing tuition costs
  • Medical records if one or both of you have conditions limiting your income potential
  • Business ownership and finances

Starting new bank accounts just for your use is a good idea. You should also set up a new email account and rent a post office box so you can communicate with us and others without your spouse being able to monitor your communications.

Be Prepared if You Think the Divorce Will Not Go Smoothly

If you fear your spouse will not end the marriage without a financial or emotional fight, you will have to be mentally and financially prepared. Long, drawn-out proceedings cost both spouses more time, energy, and money. Mediation may be an effective way to pull a spouse out of their anger and selfishness and make them realize the best resolution is one both parties can accept. Divorce is about starting new lives, not inflicting pain and revenge.

Get Emotional Help If You Need It

A divorce can come with a lot of emotional baggage. You may be angry or disappointed in yourself or your spouse. You may blame yourself for the end of what you imagined would be a fairy tale marriage. You may fear being alone in the future. It is very common for those undergoing a divorce to get help from healthcare professionals. You should explore this option if you feel you may need help.

Family and friends can be excellent sources of support – or not. They may tell you to stay together “for the children.” Their divorce may have involved very different issues, and their ex may have a different personality than your spouse, so what they say may be of limited use. People near you may greatly help you or give you bad advice. You must separate the good from the bad.

If It Is Time for You to Start a New Life, We Can Help  

To learn more about divorce, the legal process, or to discuss legal representation, call Karen Ann Ulmer, P.C., at (215) 752-6200 or book a consultation online.  

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Our Flat Fee for Divorce Representation

If you are thinking, “I cannot afford to get divorced,” we have an option that may work for you. 

If your divorce is relatively simple, our flat fee is a good option for divorcing couples. If you have no children or few assets, a simple divorce may be your best choice. This may also work if you have worked out child custody or alimony issues and a fair distribution of debts and assets through a prenuptial or postnuptial agreement. If complications arise, we will bill you hourly if they require more time and effort to resolve than we expected. 

The Benefits of a Flat Fee Charge 

There are many advantages to this approach beyond saving money: 

  • Cost Predictability: One of the most significant benefits of a flat fee is that you know what to expect. We agree on a specific price for our services upfront, allowing you to budget effectively and avoid unexpected legal costs.  
  • No Hourly Billing Surprises: In traditional hourly billing, you might receive invoices with charges for every phone call, email, or meeting with an attorney. Flat fee arrangements eliminate this uncertainty, as the total cost is set from the outset. 
  • Reduced Conflicts Over Billing: We avoid billing disputes, which can cause conflicts between clients and their attorneys in hourly billing arrangements. 
  • Focus on Resolution: With a flat fee arrangement, we are focused on ending your marriage as quickly and as efficiently as possible, preventing expensive, contentious, and lengthy legal battles. 
  • Reduced Financial Stress: Divorce can be financially challenging, and flat fee arrangements can reduce the stress associated with the process. You can focus on your future and family instead of monitoring your legal expenses. 
  • Peace of Mind: Knowing the cost of your legal representation upfront can provide peace of mind during a stressful divorce process. It allows you to concentrate on other aspects of your life and reduces the anxiety associated with ongoing billing concerns. 
  • Alignment of Interests: Flat fee arrangements align everyone’s interests. Spouses benefit from efficient case management and a swift resolution, which can result in a more cooperative working relationship. 
  • Tailored Services: We will tailor our services to your specific needs within our agreed-upon fee structure. 
  • Encourages Open Communication: Flat fee arrangements can foster better, more open communication between clients and our attorneys. Clients are more likely to seek advice and discuss their concerns without worrying about hourly charges 

Your divorce may still be affordable if your situation is too complex for a flat fee arrangement. Our firm works with a third-party company that may be able to finance our legal services. If you are interested in this, you will need to complete an application, and we will submit it to the company. If your case is complete, we also may help you with a payment plan to pay your balance. 

Call for a Confidential Consultation


Karen Ann Ulmer, P.C., can provide dedicated, caring advice and counsel if you are considering getting divorced or have already decided that one is right for you. For a confidential consultation with a Doylestown divorce lawyer at Karen Ann Ulmer, P.C., call (215) 752-6200 or send us an email. We can meet you in our Doylestown or Langhorne office or speak on the phone about the divorce process and its cost.

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Swift Separation: Seven Ways to Speed Up Your Divorce

If you are asking, “How long does it take to get divorced in Bucks County?” you may be looking to ensure the process is quick. An approach to a divorce that will speed up the process will not only save you time, but it may also save you money, emotion, and stress. The less confrontational the divorce, generally, the less time it will take. Even if the two of you are apart on important issues, some things you can do may still shorten the process. While expediency is a reasonable goal, it should not come at the cost of settling for an unfair or inequitable resolution.  

  1. Take an Amicable Approach 

Maintaining an amicable relationship is one of the most effective ways to speed up the divorce process. You do not need to love each other. You just need to be able to work with each other and be civil. Part of that is discussing and agreeing on goals.  

An uncontested divorce, where both sides agree to the terms of the separation, can significantly reduce the time and costs associated with divorce. The more business-like the approach, the less emotion is in the mix, and the easier and faster the process will be. 

  1. Get Legal Help 

Representation by a Karen Ann Ulmer, P.C., attorney who will help you navigate legal complexities, provide guidance, and ensure all the necessary steps are taken while protecting your rights and interests should save you time, effort, and grief. Depending on your situation, a do-it-yourself divorce may result in multiple mistakes, making the process longer and negatively impacting the outcome.   

  1. Organize Your Financial Documents 

Gathering and organizing all your financial documents, including bank statements, tax returns, and investment records, can streamline the divorce process. This preparation can help your attorney assess your financial situation more quickly and facilitate negotiations regarding property division and spousal support. 

  1. Commit to Negotiating a Resolution 

Very few divorce issues are resolved through trials. Nearly all divorces conclude through negotiation, with or without the help of mediation. If that is the most likely path your case will take, make the most of it. 

We can help you negotiate a comprehensive divorce agreement that covers all aspects of your divorce, including property, debts, child custody, and support. Presenting a well-structured agreement to the court can expedite the process and reduce the need for further negotiations. 

  1. Maintain Clear Communications 

Keeping open and clear communication with us will help move things along. We will promptly respond to your phone calls, and if you do the same when we contact you, the process will go faster. It will also help if you keep us informed of changes in your situation or actions by your spouse that may impact the divorce. 

  1. Use Mediation or Alternative Dispute Resolution (ADR) 

Mediation and ADR methods can be faster and less adversarial than traditional litigation. A neutral third party can help you and your spouse agree on various issues, potentially reducing the time spent in court.  

  1. Consider a Collaborative Divorce 

Collaborative divorce is a process in which both parties and their lawyers commit to resolving the divorce without going to court. This approach encourages cooperation and can significantly expedite the process. 

We Can Help You Achieve Your Goals  

Karen Ann Ulmer, P.C., attorneys can help you through your divorce in a way that minimizes the time, effort, cost, and emotion you must spend while achieving the best resolution possible. There is no guarantee your divorce will not drag on, but we will do our best to minimize it.  

If you have questions about divorce or need legal representation, book a 15-minute consultation by filling out our online form.  

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Should I Fire My Divorce Lawyer?

Divorces can be very stressful, and parties rely on their attorneys to help them. You may doubt your attorney as the matter progresses, but that does not necessarily mean you made the wrong choice. There are good reasons to fire one lawyer and hire another, but the costs in time and money may be high. 

  1. Lack of Communication and Responsiveness 

Effective communication is the cornerstone of any successful lawyer-client relationship. If it is a problem, discuss this with your lawyer. Communication is a two-way street. Is your attorney making good faith efforts to keep in touch, but you are the one who is not responsive? 

If your current divorce lawyer is consistently slow to respond to your inquiries, fails to keep you updated on the progress of your case, or seems uninterested in addressing your concerns, it is a clear sign that their commitment to your case might be lacking. A new divorce lawyer who values clear and open communication can give you the peace of mind you deserve during this process. 

  1. Inadequate Expertise in Family Law 

Divorce cases may involve many legal issues, from property division and spousal support to child custody and visitation arrangements. If your current lawyer lacks specialized expertise in family law or has no proven track record in handling divorce cases, you might benefit from seeking representation from a lawyer with a stronger background in this area.  

You may have known your attorney is not the most experienced divorce lawyer when you retained them, but you did not think it would be a problem. If it has become an issue, a knowledgeable divorce lawyer like Karen Ann Ulmer can offer insightful guidance and increase your chances of achieving a favorable outcome in less time and, possibly, with less expense. 

  1. Misaligned Strategy and Objectives 

Every divorce case is unique, requiring a personalized strategy to address your specific circumstances and goals. If you feel your lawyer’s approach does not align with what you hope to achieve from the divorce, it might be time to explore other options.  

Your divorce lawyer should be your advocate, diligently safeguarding your interests and pursuing the best possible resolution. If you do not think this is happening, seeking a new lawyer may be a good idea. 

  1. Questionable Professionalism 

Professionalism is a fundamental trait that every lawyer should possess. If your current divorce lawyer consistently displays unprofessional behavior, such as missing deadlines, arriving unprepared to meetings or hearings, or engaging in unethical practices, it is a clear signal that their dedication to your case is compromised.  

No one is perfect and competent attorneys sometimes make mistakes. But it may be time for a change if you fear it has gone beyond that.  

  1. Conflict of Interest 

If you suspect your current lawyer might have a conflict of interest with a past or current client that could compromise their ability to represent you objectively, you should address this concern. Seeking a new divorce lawyer without any potential conflicts may give you peace of mind that your interests are being put first. 

  1. Lack of Empathy and Compassion 

Going through a divorce is emotionally challenging, and having a lawyer who understands and respects your feelings can make a significant difference in your experience. Attorneys should support their clients, but we are not social workers. You do not want an attorney who sugarcoats your situation and only tells you want to hear. 

But if your current lawyer lacks empathy, appears indifferent to your emotional needs, or fails to provide the support you require during this challenging time, it might be worth considering a switch to a lawyer who is more compassionate and attuned to your emotional well-being.  

Family law is a very “hands-on” practice in which you interact daily with stressed clients dealing with personal and important conflicts. Your lawyer might not be cut out for this type of work or may be burning out and not connecting with clients to limit the emotional toll these cases can take. 

  1. Stagnant Progress and Delays 

A divorce case should move forward efficiently and effectively, with all parties working toward a resolution. Our court system is severely backed up, but if your case has been stagnating without any progress or your lawyer seems to be causing unnecessary delays, it can lead to frustration and extended emotional distress.  

Seeking a new divorce lawyer who is proactive and committed to advancing your case may bring closure sooner. But getting a new attorney will cause an initial, additional delay as they “get up to speed” with your case. There may also be scheduling conflicts between your case and the attorney’s current caseload. Will this delay be worth it? 

No matter the problem, you should: 

  • Discuss it with your attorney. You need to get their side of the story because what you think is a problem may be a misunderstanding or miscommunication that can be cleared up. 
  • Discuss it with another attorney. If you are serious about switching attorneys, get a copy of your file and review it with another attorney. They may find genuine areas of concern, or that what you are experiencing is a typical issue that comes with a divorce case. 

Divorce cases are stressful enough. Getting an attorney who is a better fit may lessen that stress, but needlessly switching lawyers will add to your problems. 

If you are dissatisfied with your current attorney, contact Karen Ann Ulmer, P.C., so we can discuss your situation and whether having a new attorney represent you is in your best interests. Call us at (866) 311-4783 or complete our online contact form today.  

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Visitation Can Be Supervised If It is in the Best Interests of the Child

A parent would need to have severe problems for a judge in Pennsylvania to order they should have no contact with their child. A more common situation for parents with a criminal record or severe emotional, psychological, or substance abuse challenges is having supervised visitation (or supervised physical custody) during which the parent and child are never alone. 

What is Supervised Visitation or Custody? 

There are many types of custody in Pennsylvania: 

  • Legal custody: The right to make major decisions on behalf of the child, including medical, religious, and educational issues. The parents can share it, or one will have legal custody.
  • Physical custody: The physical possession and control of a child. This could be by one parent (sole physical custody), or it can be shared between the parents. A parent with primary physical custody will have the child with them most of the time, while the other parent will have partial physical custody. 

Supervised physical custody means that either through a court order or an agreement reached by the parents, an agency or an adult monitors the interaction between the parent and child during visits. If a judge believes the child will not be safe when alone with the parent, they may order supervised physical custody.  

Why Would This Be Ordered? 

Custody decisions should be based on the child’s best interests, not what one or both parents want. In these cases, the court balances the importance of the parent having time with the child with the child’s well-being and best interests. 

Pennsylvania law presumes it is in the child’s best interests to have a relationship with both parents. But that has its limits. If the parent’s problems are such that they would harm the child or the parent is indifferent to them, a judge could order that the parent have no custodial rights. Common reasons include: 

  • Domestic violence  
  • Child neglect  
  • Substance abuse  
  • Unmanaged or poorly managed mental illness 
  • Criminal acts  

If the parent’s situation is not as severe and he or she wants to be part of the child’s life, a judge may order supervised parenting time rather than revoking a parent’s custody rights.  

How Would Supervised Physical Custody Work?  

A court order may specify that a particular person be present during this supervised time, such as an extended family member or friend trusted by both parents. If there is no such person, or a judge is uncomfortable with that arrangement, they may decide that a qualified professional supervisor must be present. The setting will be safe for the child, whether at the parent’s home or at a location where there is room for these types of visits. 

If you are the parent wanting to limit your child’s time with the other parent, ending custody rights is a drastic step few judges want to take. Unless the other parent is legitimately a danger to your child, you should be open to supervised physical custody. 

If you are a parent facing challenges in your life, you can still seek custody. If you struggle with being with your child alone, accepting supervised visits may be a good choice. In the meantime, you should actively address your problems and take steps to show you will be a responsible parent. 

A custody order can be amended if one parent shows that circumstances have changed. If the supervised parent: 

  • Does not show up, is intoxicated, is still struggling with psychological problems, or says or does inappropriate things during visits, a judge may end their custody rights. 
  • Is under control, appropriately dressed, actively engaged with the child, and appears to be heading in the right direction, a judge may allow future unsupervised visits. 

Supervised physical custody can be a turning point in the child’s relationship with the parent. Which direction it goes depends on how the supervised parent responds. 

Child Custody Lawyers You Can Trust  

Karen Ann Ulmer, P.C. lawyers are skilled in developing compelling legal arguments and evidence that judges need to make wise child custody decisions. If you have questions about supervised visitation or need legal representation, call us at (215) 752-6200 today. 

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​​I’ve Been Served with Divorce Papers in Bucks County. What Should I Do Next?

Some people are honestly surprised when they receive a divorce complaint. Ideally, this is not you because everyone should be prepared for a significant change in their life, no matter what it might be. This is an important step, but far from the final one, in your divorce journey. 

After you have gathered yourself, call us at (215) 752-6200. We have helped thousands of people just like you get through this process as quickly and as painlessly as possible, given their situations. Our Karen Ann Ulmer, P.C., attorneys know the law, court procedures, and what you are going through.  

Take Precautions If You Fear for Your Safety 

Pre-divorce relationships run the spectrum. A couple could still deeply, genuinely care about each other but understand their marriage is no longer right for them. A couple might also be unable to stand the sight of each other, and one person, if not both, may engage in physical and emotional abuse. Your marriage may be somewhere in between. 

If you are the victim of domestic violence, you need to protect yourself and your children (if you have them). You should plan on contingencies if this turning point becomes an excuse for violence by your spouse.  

It may be a good sign if your abusive spouse starts the divorce process. Some do not want their marriage ever to end because they want someone to control and torment the rest of their lives. If they want a divorce, this dire situation will end. 

Protect Your Financial Resources 

Part of divorce is the equitable division of marital property. Your debts and assets will be split as a result of an agreement or a trial. The outcome should be fair to you. But that might not be the case if a trial does not go your way, which is one reason most divorce cases resolve through a negotiated settlement. 

You are financially vulnerable if you have bank or investment accounts in both names because your spouse may empty them. Depending on the account, you should withdraw half of the money and set up new ones for yourself.  

Non-marital or personal assets are not subject to division. If you have financial resources that your spouse had nothing to do with (you had them before your marriage or inherited them) but you are both listed as the account holders, withdraw the money and put them in new accounts. If the same is true for your spouse (there are joint accounts with assets that belong to them), you should take the high road and leave them alone. 

You do not know what the final division of the marital property will be. At least some money you are moving around may end up with your spouse, so now is not the time for a spending spree. Just the opposite – you should save up for expenses that come with divorce (some you can plan for, others may be unexpected). 

The Beginning of the End and a Start of Something New 

The divorce filing will not surprise most couples because their relationship has broken down, and they can discuss their marriage’s end. If you are surprised, communications with your spouse have probably gone off the rails. You should try to reach out to them and calmly talk about what they want. 

A divorce will end your marriage, but it will start a new and probably better part of your life. Divorce can be a problem when stressful and challenging, but it will not be if the spouses act and make decisions like mature adults. A divorce is also an opportunity to do something new and better with your life. 

Experienced Divorce Attorneys Who Want to Help 

Work with an experienced Karen Ann Ulmer, P.C., family law attorney. Our attorneys have an in-depth understanding of New Jersey and Pennsylvania law and how the courts work. We can help make the process go as smoothly as possible. Call us at (215) 752-6200 or book a consultation online now. 

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