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Questions Answered by Penelope A. Boyd
1 Answer | Asked in Child Custody for Pennsylvania on
Q: Where do I file for custody and how? Illinois or Pennsylvania? I just moved back to IL from PA after 11 Months.

My daughter was born in 2015 in PA (with both myself and her biological father on the birth certificate), we spent 2 years here and moved to IL for about a year to stay with her paternal grandparents. December of 2018 I separated from her Biological father (we were not married) and I moved my... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Oct 22, 2019

It depends. If you want to file right away, you probably should consult an attorney in Pennsylvania, because it would be the child's "home state" for interstate jurisdictional purposes. Generally, a "home state" is the state where the child lived for six months prior to the filing of the custody... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I’m supposed to have vacation custody but she wants me to have them only 12 days and I wish to have them aproxima.23

We are separated not divorced but she left from Pennsylvania to Puerto Rico 5 months ago

Penelope A. Boyd
Penelope A. Boyd answered on Oct 21, 2019

Vacation time is like every other provision of a custody order. It can be modified by the court if it is in the best interests of the child. In determining a vacation period, courts will look at factors such as the age of the children, whether they are in school, and the nature of the proposed... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Education Law for Pennsylvania on
Q: How do I get mediation with my ex-spouse to change the school at which the children attend?

My agreement specifically stipulates that my ex-wife pays for private school tuition if BOTH of us agree to send our children there. My 13yo daughter now wants to attend the public school in the district in which I live. We have a 50/50 custody arrangement.

Penelope A. Boyd
Penelope A. Boyd answered on Sep 30, 2019

This is a custody question. Your custody order will very likely indicate shared legal custody, so both parents must agree, or a court must order, educational decisions.

If you and mother discuss this and cannot reach an agreement, you have the option of going to court and filing a petition...
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2 Answers | Asked in Divorce for Pennsylvania on
Q: I married for 9 month his really abusive. I go to the court house and give me a protection letter. What's rights have

The house deed is on his name and his last wife she passed away more than 10 yrs ago

Penelope A. Boyd
Penelope A. Boyd answered on Sep 30, 2019

I’m guessing from your question that you might not be a citizen yet. Immigrants have the same rights to protection from abuse orders as anyone else, but you should talk to an attorney who knows about domestic violence, immigration and family law. In Lancaster, there is a program called the... Read more »

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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

2 Answers | Asked in Family Law for Pennsylvania on
Q: My ex girlfriend and I do not have court ordered visitation and I haven't spoken or seen my son in over 2 months

For the past 4 years I have seen both my sons every other weekend now I haven't seen my 17 yr old in almost 2 months and mother says he's either sleeping or out with friends. What can I do?

Penelope A. Boyd
Penelope A. Boyd answered on Aug 16, 2019

This sounds like a situation where there is a legal answer and a practical answer. By the time you filed any kind of petition and got before a court, it is likely that your 17 year old will become an 18 year old and not subject to custody. And even if you went to court, a court will listen to the... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: If I'm afraid my husband might hurt me, should I put it in writing to my family members/friends?
Penelope A. Boyd
Penelope A. Boyd answered on Aug 8, 2019

If you are afraid your husband may hurt you, you should contact your local domestic violence program immediately. Find out your options and make a plan for your own safety. You may be eligible for a Protection from Abuse order or be able to take other action to protect yourself.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Im 17 and I want to move in with my mom without my fathers consent. Can I do this without him making me return home?

I am treated badly at my fathers house, especially by his wife. They don't trust me to do anything. I can't even get a drivers license or a job. At my mothers house, she and her husband treat me with utmost respect and trust me. They both treat me like a young adult, not a child. They are more... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jul 25, 2019

You will learn in life that "running away" from your problems is almost never the best solution. If there is a court order regarding custody, you are asking your mother to violate that order if you make and act on this decision on your own. That does not mean that you might not be able to live... Read more »

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
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
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
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
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
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
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
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
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
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
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
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
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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