Questions Answered by Penelope A. Boyd

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.

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 29, 2019
Penelope A. Boyd's answer
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.

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

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Mar 27, 2019
Penelope A. Boyd's answer
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 apply for that.

Sometimes I suggest to clients that they pack up the spouse's belongings and arrange for a third party to deliver them. Another alternative might be to require that he hire a...

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

3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Penelope A. Boyd's answer
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.

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

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Mar 12, 2019
Penelope A. Boyd's answer
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

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Mar 10, 2019
Penelope A. Boyd's answer
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. Withholding a child is a violation of the order, and you will need to show the court it is the only way you could keep your child safe.

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?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 3, 2019
Penelope A. Boyd's answer
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.

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?

2 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on
Answered on Mar 2, 2019
Penelope A. Boyd's answer
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 county mental health office. If your brother is acting dangerously, you should encourage your parents to call the police. In the meantime you and they can learn more about how to help your brother. A...

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

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
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 predicting what will happen. The safest thing to do is to discuss your options with a local family law attorney.

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

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
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 child’s best interest.

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?

3 Answers | Asked in Child Custody for Pennsylvania on
Answered on Feb 22, 2019
Penelope A. Boyd's answer
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 retains jurisdiction or is designated as the "home state" for jurisdictional purposes. It might be worthwhile to have a quick consultation with a Pennsylvania attorney (or an Arizona attorney) who...

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