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Questions Answered by Penelope A. Boyd

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on

Q: my daughter had child support many years ago but they close the case cause the dad diisapear

we just find out that the dad is dead, is any support that my child is eligable?

Penelope A. Boyd answered on Jul 2, 2019

If your daughter is still a minor, she may be eligible for Social Security Survivor's benefits. Contact your local Social Security office to find out.

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1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on

Q: I was recently the victim of domestic violence last month at the hands of my boyfriend and gave a statement to police

Along with pictures of my injuries and text messages back-and-forth. At the same time, I am also in a very nasty custody battle with my ex-husband. I learned today that his attorney somehow got a hold of every single police report, statement, text message, picture, interviews with my family,... Read more »

Penelope A. Boyd answered on Jun 24, 2019

You are in a difficult spot. As long as you are doing what you can to move forward with your life, do not panic. Get support from agencies such as crime victims and get an attorney who understands domestic violence to represent you in custody. Custody courts are concerned that the kids are safe.... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: Im told by my attorney I can't go into domestic conference, just the attorneys. I want to be a part of it. what do I do

This for a modification in child support in Pennsylvania

Penelope A. Boyd answered on Jun 10, 2019

Trust your attorney. Conferences sometimes do not include the parties. Usually this is to establish the issues, schedule witnesses, or identify additional information that might be needed. You will be in the conference through your attorney so make sure s/he has all the information they need... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on

Q: In PA, does spousal support end when divorce is final and there were no claims for alimony

The divorce was 3301 c. She has been awarded spousal support. I wasn’t sure if that ended when the divorce is final and there were no additional claims and we both waive the intent to bring any claims.

Penelope A. Boyd answered on Jun 6, 2019

Unless there has been an agreement to alimony in the property settlement agreement, spousal support generally will stop when the divorce is granted. Alimony, equitable distribution and awards of counsel fees are generally considered ancillary relief that must be part of the divorce. If there is... Read more »

2 Answers | Asked in Child Support and Divorce for Pennsylvania on

Q: HI, I want to get a divorce from my husband. How would I go about that? I live in pa and he lives in Broome ny.

I been here only a mouth and a half. He wanted this and won't do nothing about it. We have 2 kids which I have and he don't pay child support.

Penelope A. Boyd answered on May 25, 2019

Don’t make the mistake of trying to get something filed just to get it started. There are timelines that affect jurisdiction in family law matters and you want to understand the consequences of the decisions you make. Consultation with an attorney in your area can help you weigh the costs and... Read more »

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1 Answer | Asked in Family Law for Pennsylvania on

Q: how can i found a lawyer that will do a pro bono case in terminating parental rights of a father that is in prison.

to protect the mental health of my children. also seeking divorce.

Penelope A. Boyd answered on Mar 29, 2019

Termination of parental rights is a difficult process. Your best bet would be to see if you are eligible for Legal Services for custody and a divorce. You must meet their income requirements.

Good luck.

2 Answers | Asked in Divorce for Pennsylvania on

Q: my husband left and I would like to know do i have to allow him back in my home to retrieve his things.

he put his hands on me and we have only been married for 10 months.

Penelope A. Boyd answered on Mar 27, 2019

Separation is a very difficult time, particularly if abuse is involved. Check with the lawyer who is representing you in the divorce or the local domestic violence agency to make sure you are safe. If you feel you need a Protection from Abuse order, the DV agency and/or the court may help you... Read more »

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3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on

Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?

Penelope A. Boyd answered on Mar 13, 2019

A PFA order is entered against the Defendant, and not against the Plaintiff. So in most PFA situations, there is no violation if the Plaintiff contacts the defendant- unless the defendant responds.

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2 Answers | Asked in Divorce for Pennsylvania on

Q: I live in Upper Darby, my wife (possibly) in Arizona. We have no children and no property. What are my divorce options?

Have been separated for more than two years.

Penelope A. Boyd answered on Mar 12, 2019

It sounds like you may seek a no fault divorce in Pennsylvania. If you can locate your wife and serve her, it is a pretty simple process. If you can’t locate her, it will take a little longer.

If you file for divorce, s

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2 Answers | Asked in Family Law for Pennsylvania on

Q: My daughter was picking up this weekend from her fathers dad. He was passed out intoxicated- can I withhold her from him

Police were called and ambulance.

Daughter had to let me in she was crying and upset.

Penelope A. Boyd answered on Mar 10, 2019

This is a concerning situation. If I understand the question, your daughter was not with her father but with her grandfather. If you and the father cannot agree to something that keeps your child in a safe environment, then you could consider seeking modification of the existing order.... Read more »

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2 Answers | Asked in Child Custody for Pennsylvania on

Q: My fiancé’s ex is threatening to take him to court for full custody unless he signs over his rights. Can she do this?

My fiancé’s ex wife constantly denies him visitation with his daughter. She claims that he neglected her when she was 3 months old, but she never pursued a child neglect or abuse case. Can she threaten him to sign over his rights?

Penelope A. Boyd answered on Mar 3, 2019

People threaten each other often in custody matters. It does not necessarily mean a court will agree with them. But your fiancé should consult an attorney, find out his options and make his own decision. You should not be doing it for him.

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2 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on

Q: I have a 17 year old brother who is abusive and completely refuses to listen to my parents rules. Can they kick him out?

He will be 18 in 3 months. He is completely disobedient, defiant, manipulative, you name it. My parents are on the verge of a mental breakdown. He is bipolar and refuses to take his medication. He is constantly lieing about where he is and what he is doing. I personally fear for my parents lives.... Read more »

Penelope A. Boyd answered on Mar 2, 2019

This is a decision your parents need to make. But if your brother has a mental illness and is dangerous to himself or to others, he might be involuntarily committed for treatment. I don’t know what county you’re in, but you can get information about mental health treatment options from the... Read more »

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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on

Q: Will calling CPS on my ex for physical abuse affect my custody case?

Penelope A. Boyd answered on Feb 25, 2019

The fact that you are asking this in the context of a custody case suggests you are more concerned about the custody case than any physical abuse. If that is not the case and your child has been abused then you should report it. It is a difficult situation in real life because you have no way of... Read more »

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: My 3 yr old daughter's biological son is now deceased and I have remarried. My new husband wants to adopt her.

If he legally adopts her, does the grandparents on the deceased father's side still have visitation rights. My daughter has only met them a few times and doesn't know them. I really don't want my x's family in our lives at all. They live in NC.

Penelope A. Boyd answered on Feb 25, 2019

In an adoption in Pennsylvania there is a provision that allows (in some cases) for limited continuing contact with the biological family. In custody, grandparents of a deceased may petition the court for partial custody or visitation. It all depends on what the court determines to be in the... Read more »

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3 Answers | Asked in Child Custody for Pennsylvania on

Q: I was granted relocation with my child from PA to AZ 2 yrs ago. If I want to move again do I have to refile?

I was granted relocation from Pennsylvania to Arizona over 2 years ago. I have since met someone and are getting married, but his kids are moving to Florida since his ex wife is remarried, and we want to move so we can all be together. Do I have to refile for another relocation to do that? If... Read more »

Penelope A. Boyd answered on Feb 22, 2019

The famous lawyer answer is: it depends. You were permitted to relocate with the child, but you need to be sure that the jurisdiction in the custody action was transferred. If the other parent continues to live in Pennsylvania, the court order may include a provision that the Pennsylvania court... Read more »

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