Questions Answered by Mariah Balling-Peck ESQ

Q: What are the laws now?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
A child can become emancipated in Pennsylvania with parental consent. Check with your local orphans' court for specific requirements and forms. You may also want to contact an attorney in your area.

Q: Can my daughter's father terminate his parental rights to only me?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
No. Parental Rights can be terminated to others besides just the other parent. For example, sometimes grandparents have adopted children through this process. Other times, a couple who has never been able to have a child may adopt through the termination of parental rights process. There are numerous facts missing from the question, so it is difficult to respond more conclusively than this at this juncture.

Q: My stepson is being charged with theft from a motor vehicle,recieving stolen property and drug para.

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
He needs a good criminal defense attorney. He will be ineligible for ARD as he has used this up and there must be a 10 year lapse before he would ever be able to utilize the ARD mechanism again. A good defense attorney can try to get him a good plea, or if the facts warrant, take the case to trial.

Q: 85 years old would like to tansfer titile to my home to my children. will state still get if I go to nursing home

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
This also depends on variables. It is a good idea to transfer assets to your children while you are alive to lessen your tax burdens upon death. However, there is a catch to this. You must survive 60 months. Nursing home costs run about $7000 a month give or take and can wipe out a persons savings and make them ineligible for health benefits until they become impoverished or have a net value less than approximately $2000. The regulations are changing all the time and I would highly...

Q: Does your probation officer have the right to demand drug and alcohol testing if crime did not involve these things?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
Absolutely. These are the terms of the probation. You can be in violation of the terms and conditions of your probation - liberty or street time - for failing a drug test, drinking alcohol, or committing another offense while on probation. You can check your specific probation terms for exact things you can and cannot do while on probation.

Q: What forms do I need to finalize a divorce

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
In Pennsylvania you will need for both parties Affidavits of Consent [which are that you agree to the divorce decree being entered], Notice of Waiver [of your right to a hearing], sometimes a Non-Military Affidavit [if not pled in the complaint], and a Praecipe to Transmit the Record [which directs the prothonotary to send the file up to the assigned judge for finalization]. This is a 3301[c] irretrievable breakdown divorce. After the 90 days have passed.

Q: What can my husband do to see his daughter after it was court ordered but is still denied his rights

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
This question is very vague. If he has rights to see the child through a court order, he should exercise those rights by visiting with the child. If he neglects to exercise his rights to visitation with the child, that is very disheartening for the child. If there is a court order and the wife is refusing to permit the visitation, there is what is called "contempt of court" where you file a petition with the judge handling the custody matter and seek immediate relief. If you are the...

Q: I been married 5 years, can she get alimony? I have a house only in my name, can she get any of this.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
Yes, she could get alimony depending on variables such as your income and her income. For example, if your income is exorbitantly higher than hers, she could file for what's known in PA as Alimony Pendente Lite - or alimony pending litigation. This is very common where a woman has stayed at home and raised children or worked only part time. She may be unable to financially support herself through the divorce process. PA provides for this avenue so that the spouse can maintain their standard...

Q: When i get a divorce does it show up that you were married before

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
Generally, a prior marriage has no relevance on a present marriage or divorce action. It isn't something that "shows up" per se. It is usually something that may be known by the parties through certain marital disclosures during the course of the marriage. If you have never revealed to your spouse that you were in a prior marriage it would be irrelevant to the divorce against that spouse in the present situation. Really, the other matter is settled and over with. If anything, I wouldn't...

Q: I've been separated for 7 yr, am I Intiled to a part of his retirement

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
This question is difficult to answer due to the lack of facts. For example, a party is entitled to part of the marital estate accumulated during the course of the marriage. In Pennsylvania, this can include the increase in value of property owned, pensions, retirement, and other assets. Under the Sergio case, our Supreme Court has held that the property is assessed both at the date of separation and at the date of equitable distribution. The reasoning is because of market fluctuations in...

Q: What does conspiracy-theft by deception-false impression mean

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Aug 9, 2012
Mariah Balling-Peck ESQ's answer
Conspiracy is essentially when someone you are with commits a crime and you are aware that the crime is being committed. Essentially, you are charged by the Commonwealth as if you yourself committed the crime, even though you may have only been associated with or involved at with the person who actually committed the offense; Theft by deception is an offense that one can be found guilty of if they intentionally obtains or withhold property of another person by "deception." A person is...

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