Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law

October 2012 Archives

PATERNITY BY ESTOPPEL: DNA MIGHT NOT MATTER

So you just found out that you have a child you did not know anything about! She's 5 years old, you have never seen her, but the lady you slept with 5 years and 9 months ago says "she's yours". She goes on to tell you that she's married, has been for almost 5 years and her present husband has treated the child "like his own". But, now she wants you to pay child support because she figures you make more than her husband.

Divorce - Should I remain in the marital residence?

At the beginning of the divorce process, many clients ask me whether or not they should stay in the marital home or move out. My advice to the client is always to remain in the marital residence until the process has begun and, if necessary have a judge determine which party should remain in the home. Obviously, continuing to live in the same home as the person you are preparing to divorce is not a comfortable situation for either party. However, if the court thinks that the parties can live together peacefully in the home during the period of separation the court will not evict either spouse.

COFFEE SHOP TALK: ARE INHERITED FUNDS SUBJECT TO EQUITABLE DISTRIBUTION?

Every morning I stop at the local coffee shop to get my shot of caffeine to start the day. Over the years, coffee shops have become more than a place you run in and grab a java, and then take off. In essence, they have become the new "water cooler" where the guys sit around and talk about inane issues, from sports to politics, to cars, just to pass the time before going to do what they do to make a living. (For whatever reason, it's all guys that hang out-I don't know why-but then again, I do know-no respectful women would be found dead around us.) Actually, the place I go is a little more interesting than that-mostly because of the different personalities that sit around and shoot the "you know what". They all know what I do for a living-so I get all of the "lawyer questions"-especially those relating to divorces. Some questions are more colorful than others, some just more crassly put because of the subject matter. Well come on, we are talking about "divorce" around men. (I'll spare you from hearing this diatribe next time I talk about the Coffee Shop (CS), but this is my introduction of the CS to the blogosphere so it's necessary).

Child Custody - Interviewing the Child

During the process of preparing for a child custody hearing, a client will often tell me, "If the judge would simply ask my child where he/she would like to live, the child would tell the judge that he/she wants to live with me." I always have to tell clients that although the feelings of a child can be taken into consideration by the court in a custody hearing, a judge does not decide custody based on a child's wishes. The court's paramount concern is the best interest of the child, not his/her wants.

UNDER AGE DRINKING - DO I HAVE TO LIVE WITH IT FOR THE REST OF MY LIFE?

We have all done stupid things when we were young. Some have had to pay more than others because they were the unlucky ones-they got caught. Needless to say-drinking alcohol when under age is one of the more stupid things a youth can do. But, the fact remains, close to 50% of the young populous have admitted to drinking before the legal age.

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If you need to speak with an attorney about an important legal matter, contact my law office in Pittsburgh, Pennsylvania. To schedule a free consultation, call 412-455-5388, or contact me by e-mail.

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Gusty A.E. Sunseri & Associates, P.C.

1290 Freeport Road
Pittsburgh, PA 15238

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