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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Children and Youth services of Pennsylvania. What are my rights?

Children and Youth services of Pennsylvania showed up to my house because my daughter missed the forst week of school because her father tested positive of covid 19, and we didnt want to spread the virus. Whoeever called CYS also stated that they think possible drug use is involved because of the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2021

The government is legally allowed to do anything it wants. The government has agents, it has courts, and it writes the rules. The CPS can offer drug testing several times and then clamp down by removing the kids. A failure to take a test and pass it is evidence of drug use, and drug use is... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is considered a conflict of interest?

My son’s father has the same attorney, Who was my public defender back in 2012 for a criminal case , defending him in our child custody case. Wouldn’t that be considered conflict of interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2021

Pennsylvania codifies a "continuing conflict" as such:

1.9 Duties to Former Clients

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are...
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1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: if adopted parents decided they don't want child no more can a relative adopt them

I'm teenagers aunt shes 15

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

It is possible, if they are willing to relinquish their rights, but the parties really need an attorney--it's not d.i.y.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My 11 yr old son has lived w me for 3 yrs. his mom stil has custody. Can she just take him back for no reason

Shes $3000 in arrears. I signed him up for cyber school but shes trying to take him back so she doesnt have to pay. She even went and signed him up for another school near her. Can she do this??

Robin R. Gregory
Robin R. Gregory
answered on Aug 11, 2021

The order stating the mom has custody is valid and in force until the court issues a new order. It is likely the mom can take the child. You can file a motion/petition to change the custody.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: If my mother lost rights to a child & she got adopted is there anyway I can fight for her because I am her sister

I am now older & stable to take her of her

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

If you mean the childrens older sister I don't see that. It's termination of parental rights, no sibling rights. You need to speak with a family law attorney.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How do I find a lawyer to file abandonment charges.

My cousin was left with me 3 years ago how do I file abandonment charges on her dad

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

your local bar association can give you names. Or you can ask the family court who seems to handle adoptions and similar proceedings.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My ex is very in consistent with our 2 year old daughter is it possible that he will get custody?

My ex is in and out of our daughters life and only gets involved when it is convenient for him he does nothing to support her he can’t even show up to work on time let alone everyday... he drinks all day everyday and can’t keep stable living, domestic relations can’t find an address for him... View More

Ryan L Hyde
Ryan L Hyde
answered on May 11, 2021

Custody cases are very fact specific. Him saying that he is going to fight for custody and him actually going through the process are two very different things. The simple fact of the matter is there are 16 custody factors that the judge is charged to consider. Your best bet is to consult with an... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am debating going to court for full custody of my son. Would it be worth it to hire an attorney?

My ex and I have an eight year old son together. There has never been a custody agreement in place although we had an informal agreement years ago before he began his homelessness. He is very inconsistent with seeing our son or even just calling to talk to him. He is currently still homeless but... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

Yes. Your case requires a showing that the visitation has to be within narrowly defined guidelines and that is not a d.i.y. project

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex husband is asking me for my covid 19 results, is that against my HIPPA rights?

I was exposed to covid at work and had to take a test. My test came back negative and now my husband is asking me for the results. Do I have to show my ex husband my results, since we co patent our 6 yr old son? Or is that against my HIPPA right ? We live in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You can waive your HIPPA rights and I see no reason why you wouldn't want to share your negative test results with your child's father with whom you co-parent.

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can my ex use the fact my boyfriend and I had PFAs on eachother to not allow child around him?

We lived together for 4 years and her father hated that my bf was there when he wasn’t around. A few days before Christmas we got in a heated argument over money and expanding our family. Since my daughters father fails at paying support on time financially it was straining us to begin our lives.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You really need to consult with an attorney and probably a therapist as well. It is difficult to understand why you would still be with someone who said those things to you. Whether the judge will determine that the boyfriend shouldn't be around your daughter, I can't know but I would... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I was in a coma for three days the doctor found meth in my system somehow Child Protective Services found out

I didn't give my permission for them to look at my medical records and they didn't get a court order either but somehow they found out. Is there anything I can do about them violated my HIPAA rights

Timothy Kraeer
Timothy Kraeer
answered on Nov 25, 2020

It's likely that the information made it to CYS via reporting by one of the medical providers that treated you. Medical professionals are required by statute to report whenever there is a reasonable concern that a person responsible for the care of a child is under the influence of a... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Pennsylvania on
Q: Can a defendant be held in contempt if the plaintiff and defendant exchange their child during arranged custody times?

The PFA allows contact when it pertains to the child.

Ryan L Hyde
Ryan L Hyde
answered on Nov 15, 2020

It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a parent get in trouble if a child stumbles upon content in their phone ?
Ryan L Hyde
Ryan L Hyde
answered on Oct 1, 2020

Depends on the content. Depends on what "stumbles" means. Depends on who the child is. Depends on who reported it and to whom they reported it. Depends on a lot of things. Generally, there is no real good answer to this question. Don't post more facts online as you don't... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Are you allowed to give your lawyer the questions you want asked at custody modification hearing?
Ryan L Hyde
Ryan L Hyde
answered on Sep 19, 2020

Sure, but they dont have to ask them. There are plenty of reasons you want to ask those questions but there may be good reasons not to ask them. If you hired an attorney you trusted them to get you a result. Presumably they have litigated more of these hearings than you have. If you dont trust... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Pennsylvania on
Q: I am looking for tips on how best to research for an appellate lawyer for a child relocation ruling in Bucks County, PA.
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 22, 2020

I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.

What is the deadline on the...
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