Legally, no. In Pennsylvania, a parent considering moving with their child(ren) must give formal notice to the non-relocating parent. The non-relocating parent may object to the move. If he or she does object, the court will intervene. A hearing is then conducted in a Pennsylvania court. The... View More

If you are able to come to an agreement, you can file a consent order through your local court outlining the visitation schedule. This is not a necessary step if there are no custody disagreements between yourself and the child's mother, but if you foresee any conflict with her it... View More

To start you must figure out which state has jurisdiction over the matter.

Jurisdiction is usually proper where the child has been residing for the past 6 consecutive months, so it sounds like that may be New Jersey in your case. If so, you will need to file for custody through the New... View More

In custody court the judge will look to the 16 custody factors and decide what is in the best interest of the child. Included in those factors is the abuse of alcohol or drugs, so his history will be considered in a custody case. He will likely be entitled to some kind of relationship with your... View More

In Pennsylvania, child support is generally payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. A support obligation may continue, however, when a child has special needs.

You must file a request for a hearing to determine if... View More

You can file at any time after the child is born. Support payments are retroactive to the date of filing, so generally the sooner you file, the better.

Please feel free to visit my website for more information on filing for child support in Pennsylvania.... View More

In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. The fact that she is pregnant does not negate your obligation to pay child support.

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

It all depends on what the deed says. If their name is on the deed, they are still part owner of the home. The fact that you have been living there and paying the mortgage etc. is irrelevant. Conversely, if their name is only on the mortgage and not the deed, they do not own any interest in the... View More

In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. So even though your child is turning 18, the support obligation will not be terminated if your son is still in school.

In any event, you may file for a... View More

Presuming he is agreeable to sign off on the terms of the agreement, I would suggest filing a custody consent order through your local court. Once both parties and the judge signs the order, it will be a legally binding document.

Our attorneys always remind parents that schedules that are... View More

Possibly. Pennsylvania courts may take into consideration "the well-reasoned preference of the child, based on the child's maturity and judgment," however this is only 1 of 16 factors examined by the court when determining custody.

Please feel free to visit my website to... View More

It is possible he may qualify for in loco parentis standing to file an action for visitation. A person may be found to stand in loco parentis to a child when they have taken on parental responsibilities and duties with the consent of the biological parent.

Please feel free to read my blog... View More

There are 3 types of support payable to a spouse in Pennsylvania. Spousal support refers to a request for support when there is not a divorce complaint filed by either party. There are entitlement defenses available in a true spousal support case based upon the fault based grounds for divorce.... View More

It depends on when the house was purchased. Assets acquired prior to date of marriage are considered non-marital. However, the increase in value of that asset during the marriage will be considered in the equitable distribution process unless excluded by a valid prenuptial agreement.... View More

There is no such thing as a "legal separation" in Pa. It is not uncommon for the court to award one spouse exclusive possession of the marital residence while the party's proceed through the divorce process, but this does not change the "status" of the marriage in any way.... View More

It is not possible to file for a "legal separation" in Pennsylvania, but regardless of this he may certainly hire any Pennsylvania family law attorney he wishes (e.g. if she files a divorce complaint). Just take into consideration the travel costs associated with using an attorney... View More

Generally the parent who has primary custody may claim the child on their income taxes. In Pennsylvania there is no hard and fast rule as to which parent may claim a child when there is 50/50 custody.

If the party's cannot agree, they will have to motion the court to make the decision... View More

Yes. If the Mother is not allowing you to see your children, I would suggest filing a custody complaint to obtain a custody order; this will provide you with set days/times to exercise custody.

Please feel free to visit my website to learn about the factors PA judges take into... View More

In PA all claims for alimony must be brought prior to the entry of the divorce decree. If your divorce has already been finalized, your ex wife does not have a valid claim for alimony.

Please feel free to review the information about support on my website.... View More

You cannot force him to sign his consent to obtain a divorce decree. If you do not think he is going to consent to a divorce, you would proceed with a 3301(d) (i.e., contested) divorce.

Depending on the date of your separation, there is either a one or two year waiting period to enter a... View More