Kelly, Parker & Cohen, LLPKelly, Parker & Cohen, LLP2026-07-15T15:54:01Zhttps://www.kpc-law.com/feed/atom/WordPress/wp-content/uploads/sites/1605022/2021/03/cropped-Favicon-min-32x32.pngOn Behalf of Kelly, Parker & Cohen, LLP<![CDATA[3 things to know about Cumberland County custody]]>https://www.kpc-law.com/?p=491752026-07-15T15:54:01Z2026-07-15T15:54:01ZCumberland County requires a co-parenting seminar
Cumberland County prioritizes out-of-court resolutions to shield children from bitter legal battles. The local court system uses a highly structured process to help parents reach agreements.
Every parent who files for custody in Cumberland County must attend a mandatory educational seminar. This 4-hour program focuses on how parental conflict affects children.
You must complete this seminar before you can move forward with your custody case. The court wants to ensure that both parents understand the importance of cooperation.
Mandatory mediation is the next required step
Cumberland County requires parents to participate in mediation. A neutral mediator will work with you and your co-parent to find common ground.
The goal is to draft a mutually agreeable parenting plan. If your attempts at mediation succeed, you can avoid a courtroom battle completely.
The custody conciliation conference is where agreements happen
If mediation does not resolve every dispute, you will attend a custody conciliation conference. A custody conciliator conducts this meeting.
The conciliator will review your case and try to help you settle your differences. If you cannot agree, the conciliator will write a temporary order. This order remains in place until a judge can hear your case at trial.
Secure a stable future for your family
Every custody dispute is unique and emotionally taxing. Navigating these requirements alone can leave you feeling lost and vulnerable.
Working with an experienced advocate can help you present a strong case that reflects the best interests of your child. Speak with a local family law attorney as a natural next step to protect your rights.
]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[How do courts resolve interstate custody disputes?]]>https://www.kpc-law.com/?p=491742026-07-06T07:35:47Z2026-07-06T07:35:47ZThe framework for interstate custody
Pennsylvania, along with every state except Massachusetts, applies the Uniform Child Custody Jurisdiction and Enforcement Act. The law establishes which court has jurisdiction over a child custody dispute, helping prevent parents from seeking a more favorable forum in another state.
A federal statute, the Parental Kidnapping Prevention Act, adds a second layer by requiring states to honor custody decisions that another state reached within its proper authority. As a result, an order issued in Harrisburg follows your child to Denver, and a Denver court cannot simply replace it with terms of its own.
Jurisdiction under home state laws
Before a court can decide an interstate custody dispute, it must first determine whether it has the authority over the case. In most cases, that starts with identifying your child's home state. This is usually the state where your child lived with you and your former spouse for at least six consecutive months before the case was filed.
If no home state exists, a court may still have authority to hear the case. This may happen if your child and at least one parent have significant ties to the state and important information about your child's care, schooling and relationships is available there. A judge may also exercise temporary emergency jurisdiction if your child is in the state and faces abandonment or abuse.
Conflicting orders from separate courts
If both parents file custody cases in different states at about the same time, the courts must determine which one has the authority to handle the dispute. The judge in the later-filed case will usually pause the proceedings and communicate with the court handling the earlier case. Once they determine which court has jurisdiction, the other court will generally dismiss or stay its case to avoid conflicting decisions.
In the rare event that two courts issue custody orders, the decision from the court with proper jurisdiction generally controls. Other states will not enforce a competing order issued without legal authority. Likewise, any temporary emergency order usually ends once the court with continuing jurisdiction takes over the case.
Enforcing out-of-state custody orders
In order to do this, you must first register it with the court of common pleas. The filing includes a written request, a certified copy of the ruling, a second copy and a sworn statement confirming that no court has modified it.
The other parent then receives notice and has 20 days to request a hearing to challenge the registration. If the other parent does not object within that time, the registration becomes final, and the out-of-state order carries the same force as one entered by a Pennsylvania court.
If the other parent withholds the child, you may file a petition for expedited enforcement. The court can schedule a hearing quickly and, if appropriate, order the child's immediate return. A judge may also require the parent who violated the custody order to pay attorney fees and travel expenses.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[4 financial documents to prepare before divorce]]>https://www.kpc-law.com/?p=491702026-06-08T07:18:47Z2026-06-08T07:18:47ZTax returns
Gather tax returns from at least the past three years. These records help establish your income levels. Income affects spousal support and alimony amounts in Pennsylvania. Without accurate tax records, the judge cannot set a fair support amount.
Tax returns can reveal business interests, investment accounts and rental properties. These assets might otherwise go undisclosed. In Pennsylvania divorce cases, both federal and state returns are needed. These records help the court evaluate all income sources.
Bank and investment statements
Account statements show spending and saving patterns during the marriage. This helps courts understand your standard of living as a couple. Pennsylvania courts use this information when calculating support figures and looking at how marital assets grew over time.
Gather statements from all checking accounts, savings accounts and investment portfolios. Without complete statements, the true value of marital assets remains unclear. Recent statements can also reveal unusual withdrawals or transfers. These may show that a spouse is moving money before the divorce.
Retirement account statements
Retirement accounts are often the largest shared assets a couple owns. Gather statements for 401(k) plans, IRAs, pension plans and other retirement savings. In Pennsylvania, the date of separation stops the acquisition of new marital property. However, courts look at asset values at or near the final distribution hearing. This means account values may change between separation and settlement.
The court uses this information when creating a Qualified Domestic Relations Order (QDRO) to divide retirement benefits. Without proper documentation, retirement funds can be divided incorrectly. This leads to tax penalties, reducing the money available to both parties.
Debt records
Divorce involves dividing debts as well as assets. This includes mortgages, car loans, credit card balances and personal loans. These statements show when a debt started and who spent the cash.
Pennsylvania judges consider whether a debt helped the whole family or just one spouse. This factor affects distribution decisions. Without documentation, you may end up paying for bills that were not your fault.
Protecting your financial interests
Preparing early prevents long delays that can extend the divorce process. Pennsylvania divorce law requires full financial disclosure from both spouses. Organizing these files early shows good faith and keeps your case moving forward smoothly.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[What happens if you miss a court date in Pennsylvania?]]>https://www.kpc-law.com/?p=491682026-05-11T06:21:20Z2026-05-11T06:21:20ZThe penalties of missing a hearing
When you fail to appear for a scheduled court date for a criminal case, a judge may issue a bench warrant for your arrest. This warrant authorizes law enforcement to take you into custody, including during a routine traffic stop, at your home or during another interaction with police.
Beyond that, the court may revoke any bail or bond you previously posted. That means you could lose the money or collateral you put up, and the county jail might hold you in custody until the next hearing without the option for release.
If you are a defendant in a civil lawsuit and fail to respond to the case, the court can enter a default judgment against you. This can allow the other side to obtain relief without your participation, potentially leaving you responsible for damages without having presented your side.
The reason for not appearing
Pennsylvania courts do recognize that emergencies happen. A medical crisis, a family emergency or a natural disaster may qualify as an excused absence if you can provide documentation to support your claim. A verbal explanation, however, might not be enough to satisfy a judge.
Filing a motion to vacate a bench warrant or to reschedule a hearing is possible, but the strength of that motion often depends on how legitimate and well-documented your reason is. Courts in Pennsylvania generally expect you to act quickly and provide evidence that your absence was beyond your control.
The steps for moving forward
A missed court date does not automatically mean your case is over. In many situations, you can work with an attorney to file a motion to lift the bench warrant or a petition to open or strike a default judgment. Pennsylvania also provides a favorable 10-day period after a default judgment is entered during which courts generally apply more lenient standards.
If you were unaware of the court date or never received proper notice, that can serve as a valid defense. Pennsylvania procedural rules require that parties receive adequate notification, and a failure in that process might work in your favor when requesting relief from the court.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[What if your marriage ends before green card approval?]]>https://www.kpc-law.com/?p=491642026-04-10T08:53:50Z2026-04-10T08:48:30ZWhen your marriage ends before your green card receives approval, you may still have options, though timing often plays a key role. In Pennsylvania, the divorce process follows a separate legal track from your immigration case, which can influence how U.S. Citizenship and Immigration Services (USCIS) views your eligibility.
How your case status might shift
If your residency application depends on your spouse, a separation or divorce may place the application at risk. USCIS generally looks at whether you entered the marriage in good faith rather than focusing only on how long it lasted. If you filed as a couple, the agency may ask for more evidence showing that you built a shared life together.If you already hold a conditional green card, the rules may become more specific. A divorce before you remove conditions usually means you must request a waiver of the joint filing requirement instead of submitting a joint petition.
Understanding Pennsylvania divorce timelines
The state of Pennsylvania shapes how quickly your marriage legally ends, which may affect your immigration filings. Under Pennsylvania law, timing often depends on the type of divorce:
Mutual consent: You may receive a divorce after a 90 day waiting period once you serve the complaint and both of you file affidavits of consent.
Irretrievable breakdown: You may receive a divorce if one party does not consent after you and your spouse live separate and apart for at least one year for separations that begin after Dec. 5, 2016.
Although state court decisions do not directly determine your immigration status, the date on your final divorce decree may affect when you can file certain waivers with USCIS.
Exploring your legal paths
Depending on your situation, you may still qualify for a green card through another route. A waiver or a different immigration category may be available if you can show that you entered the marriage in good faith.Common options often include:
A waiver for a good faith marriage that later ended in divorce
A waiver based on battery or extreme cruelty under the Violence Against Women Act if you experienced abuse
A waiver based on extreme hardship if removal from the United States would create serious difficulties
Switching to a work based or humanitarian visa if you meet the requirements
Each option may depend on your circumstances, so reviewing your situation carefully may help you identify a path that could still work for you.
Gathering your supporting evidence
To strengthen your position, you may want to collect records that show your relationship was genuine. Useful documents may include joint bank statements, utility bills, lease agreements or mortgages in both names. You might also organize photos, travel records and messages between you and your spouse to reflect your shared history.
Securing your future status
Immigration rules and Pennsylvania divorce procedures can overlap in complex ways. As a result, your approach may need to account for both federal timelines and state court requirements. Taking time to understand how these systems connect may help you make informed decisions as your family-based immigrationevolves.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[What is a straw purchase and why is it a serious offense?]]>https://www.kpc-law.com/?p=491582026-02-27T14:07:44Z2026-02-27T14:07:44ZBuying a gun for a friend or family member might seem like a small favor. However, Pennsylvania and federal law treat this act as a major crime. A straw purchase occurs when you buy a firearm on behalf of someone else but list yourself as the actual buyer on the paperwork.
Even if you do not plan to use the gun for harm, the law still treats this as a serious offense. People use this trick to bypass the background check system.
What counts as a straw purchase?
A straw purchase occurs when the person filling out the legal forms is not the actual buyer. In Pennsylvania, anyone buying a gun from a licensed dealer must pass a background check and complete ATF Form 4473.Question 21a on this form asks if you are the actual buyer. If you answer yes but actually get the gun for another person, you have lied to the government. This rule applies even if the other person can legally own a gun. For example, if a friend asks you to buy them a handgun because they have a criminal record and you put the gun in your name, you have committed a felony. The lie itself creates the crime, not just who ends up with the weapon.
Why is it a serious crime?
Lawmakers treat straw purchases strictly. They often place guns in the hands of people the law bars from owning them, such as convicted felons. Because of this risk, both federal and Pennsylvania lawmakers have created harsh penalties to discourage this conduct.
Federal law: Under the Bipartisan Safer Communities Act, a federal straw purchase conviction can lead to 15 years in prison. If someone later uses the gun in a crime, the law can increase that sentence to 25 years.
Pennsylvania law: Under the Brad Fox Law, a second straw purchasing offense carries a five-year mandatory minimum prison sentence. You will also lose your right to own a gun forever.
These penalties show how seriously lawmakers view this offense. Even one mistake can lead to long-term consequences.
Why speaking with an attorney can help
Gun laws are complex and the penalties can change your life forever. If authorities investigate you, a defense attorney can review the facts and protect your rights. Getting clear advice early gives you the best chance to handle a serious legal case carefully and responsibly.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[Could a DUI conviction result in immigration consequences?]]>https://www.kpc-law.com/?p=491562026-02-04T00:03:26Z2026-02-04T00:03:26ZRepeat convictions can prove problematic
A misdemeanor criminal conviction may not impact an immigrant’s status, but some misdemeanors can have immigration consequences, especially after repeated offenses. Federal regulatory authorities provide guidance for immigrants regarding criminal convictions that could affect their status.
The list of offenses with immigration implications includes violent crimes, crimes of moral turpitude and drug offenses. The list also includes convictions for two or more DUI convictions. Substance abuse challenges are among the statutory bars for immigrants.
Repeated DUI convictions are indicative of a habitual issue with alcohol. Any immigrant with two or more DUI convictions could be at risk of removal. They may become ineligible to renew their visa, naturalize to become a citizen or adjust their status to secure a green card. Responding effectively to criminal charges is of the utmost importance for immigrants living in the United States.
While a DUI on its own may not affect an immigrant’s status, a first conviction leaves an immigrant particularly vulnerable to removal after a second arrest. Immigrants may need insight into the charges they face to respond in a manner that protects them from removal or deportation proceedings. Successfully fighting a first or second DUI charge can help protect an immigrant’s legal status. Seeking legal guidance is a good way to get started.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[Who sets the home value when spouses divorce?]]>https://www.kpc-law.com/?p=491552026-01-09T20:17:45Z2026-01-09T20:17:45ZState laws help ensure that both spouses have baseline protection during divorce proceedings. Specifically, the law requires an equitable or fair distribution of marital property. People preparing for divorce need to review their financial records, determine what assets are part of the marital estate and then prepare to negotiate a settlement with one another.
Major assets can easily become a stumbling block during that process. Spouses may disagree about the need to divide those resources. Certain high-value assets, such as the marital home, are often retained by one spouse, while the other receives assets of comparable value or possibly a portion of equity withdrawn when the spouse keeping the home refinances. The fair market value of the home has a profound impact on the overall distribution of property. The spouse staying in the home may insist that the fair market value for the home is lower than the spouse seeking a payout for their share of equity. Who ultimately decides what valuation is appropriate?
Judges may settle property disputes
Ideally, spouses can work with one another to compromise on key property division terms. They may need to negotiate about who stays in the home and how they address the equity that the other spouse should receive. They may even need to negotiate regarding the fair market value set for the property. In cases where the spouses disagree about what the home is worth, they may need to hire an appraiser. Appraisers can help establish a reasonable fair market value given the condition of the home and the sale price for similar properties in the area. In scenarios where spouses may even question the report produced by appraisers, they may choose to each hire their own appraiser. If the appraisal reports return significantly different fair market values, the spouses may agree to split the difference. If they truly cannot compromise regarding the home value and the division of the equity accrued in the house, then the matter may require a judge's review. Family law judges can decide who retains possession of the home and how to balance home equity with other property division terms. They can settle disputes about the value of the home by reviewing appraisal reports or documentation from real estate professionals. Ensuring an appropriate valuation for major marital assets is critical for an equitable property division outcome. Spouses facing disputes about asset valuation may need help developing their positions for property division litigation.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[What happens if an immigrant fails their naturalization test?]]>https://www.kpc-law.com/?p=491542025-12-08T14:10:24Z2025-12-08T14:10:24ZA retake is available
Every immigrant pursuing naturalized citizenship can request a retake. If they fail the initial test during their naturalization interview, they can request an opportunity to take the test(s) again. Usually, the retake occurs between 60 and 90 days after the first attempt. Immigrants who pass their retake tests can move forward with the naturalization process, including the final oath-taking.
What if they fail the retake?
Those struggling with the English language or the Civics test requirement might fail even when they take a second test. If a retake is unsuccessful, there are no major consequences for the immigrant. Failing the test does not affect their current visa or green card. It also has no effect on their future naturalization eligibility. They can potentially reapply as many times as they must to pass the naturalization test.
They do have to pay the fee for the naturalization application every time they reapply to attempt the test again. It is therefore beneficial for people to prepare carefully to increase their chances of passing on the first attempt.
Partnering with an attorney makes it easier to understand the naturalization process and prepare for the test. Immigrants who worry about testing may sometimes even be eligible for accommodations or exemptions. Reviewing personal circumstances with an immigration attorney can help people prepare for naturalization testing as effectively as possible.]]>On Behalf of Kelly, Parker & Cohen, LLP<![CDATA[Is a city liable when a “short yellow” leads to a major crash?]]>https://www.kpc-law.com/?p=491532025-11-13T00:38:24Z2025-11-13T00:38:24ZWhen a traffic light’s yellow signal is too short, it can create dangerous conditions that may lead to serious accidents. Drivers may find themselves caught between braking abruptly or entering an intersection as the light turns red—both scenarios that increase the risk of rear-end and side-impact collisions.
In cases wherein a crash occurs because of an improperly or otherwise unreasonably timed yellow light, a government entity responsible for overseeing its operations may potentially be held liable for resulting harm. The circumstances at issue, and whether negligence on the part of that government entity can be proven, tend to significantly impact the legal outcome of such situations.
Stop? Go? Slow down how fast?
Cities and municipalities have a legal duty to maintain safe roadways, including properly functioning traffic signals. The timing of traffic lights is typically determined by traffic engineers who follow guidelines set by the Manual on Uniform Traffic Control Devices (MUTCD). These standards recommend yellow light durations based on factors such as the speed limit at issue, intersection size and average stopping distance. When a city fails to follow these guidelines—or ignores reports of dangerous signal timing—it can potentially be held responsible for resulting accidents.With that being said, proving municipal liability is rarely straightforward. Government entities often enjoy broad protections as a result of sovereign immunity laws, which limit when they can be sued. To succeed in a claim, an injured person must show that a city’s negligence directly caused a crash—for example, by demonstrating that the yellow light in question was set shorter than safety standards require and that this defect contributed to their collision. Ultimately, in a crash scenario, if the city knew, or should have known, that the yellow light timing was unsafe and failed to correct it, that inaction will strengthen a negligence claim. On the other hand, if the city was unaware of the issue, liability may be harder to prove.While holding a city accountable is a complex undertaking, it is potentially possible when negligence leads to unsafe road conditions and harm results. Ideally, pursuing a claim can not only secure compensation for victims but also encourage safer traffic practices for everyone. ]]>