Residents of Westmoreland County dealing with divorce, custody disputes, or support proceedings have specific legal options under Pennsylvania law, and how those options are pursued from the start often shapes the outcome. At Schaffranek & Foster, our attorneys represent individuals and families throughout Westmoreland County in a wide range of family law matters, from divorce and property division to custody, support, protection from abuse, and adoption.
Where Westmoreland County Family Law Cases Are Filed
Family law cases in Westmoreland County are handled by the Court of Common Pleas, located in Greensburg. Our firm represents clients from across the county, including Murrysville, Latrobe, New Kensington, Jeannette, Ligonier, and the communities throughout the Laurel Highlands region.
How Pennsylvania Divides Marital Property
Pennsylvania distributes marital property under an equitable distribution standard, which means that courts do not automatically split assets 50/50. Instead, judges weigh statutory factors including the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, contributions each party made to the marital estate, and whether either spouse will be the custodial parent of a minor child.
Marital property generally includes assets acquired during the marriage, while premarital property, gifts, and inheritances may be treated as non-marital. Our attorneys work with clients to document and categorize assets and to present the relevant statutory factors in a way that accurately reflects their circumstances.
Pennsylvania’s 16 Custody Factors and What They Mean in Practice
Pennsylvania courts do not award custody based on any single consideration. Under 23 Pa.C.S. Section 5328, judges are required to weigh 16 specific best-interest factors. These include each parent’s ability to encourage the child’s relationship with the other parent, the history of domestic violence or abuse, sibling relationships, the child’s preference when the child is of appropriate maturity, and the proximity of each parent’s home.
Pennsylvania law distinguishes between legal custody, which covers decision-making authority over education, healthcare, and religious upbringing, and physical custody, which governs where the child resides. Courts may order shared or primary arrangements for both types of custody depending on the facts.
Parents seeking to relocate with a child face a separate process under 23 Pa.C.S. Section 5337, which requires advance written notice to the other parent and, if contested, a hearing. Our firm assists clients on both sides of relocation matters filed in Westmoreland County.
Child Support Calculations Through the Westmoreland County Domestic Relations Section
Pennsylvania calculates child support using an income shares model. The guideline amount is based on both parents’ combined net monthly income and the number of children. Adjustments account for healthcare costs, childcare expenses, and the custody schedule in place. When one parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity.
Support matters in Westmoreland County are processed through the Domestic Relations Section. Our attorneys assist clients with initial petitions as well as formal modification requests when income or custody arrangements have changed materially.
Filing a Protection from Abuse Petition in Westmoreland County
Pennsylvania’s Protection from Abuse Act allows victims of domestic abuse to seek emergency and final protective orders. A temporary PFA can be issued the same day a petition is filed, without the alleged abuser present, if the court finds immediate danger. A final PFA hearing is scheduled within ten business days and, if granted, can remain in effect for up to three years. A final order may include provisions restricting contact, granting exclusive possession of a shared residence, and awarding temporary custody.
Our attorneys represent petitioners filing PFA orders and respondents named in petitions in Westmoreland County proceedings.
Adoption Requirements Under Pennsylvania’s Adoption Act
Pennsylvania’s Adoption Act governs all forms of adoption in the state. For stepparent adoptions, the biological parent whose rights are being terminated must either consent voluntarily or have their parental rights involuntarily terminated by court order before the adoption can proceed. Our attorneys assist Westmoreland County families through the legal requirements at each step of the process.
Contact Schaffranek & Foster About a Family Law Matter in Westmoreland County
If you are facing a family law matter in Westmoreland County, contact our firm to schedule a consultation. You can also reach us at 412-643-3848.