Questions Answered by Eric Michael Gibson

Q: How do I go about getting a publication divorce?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Feb 8, 2013
Eric Michael Gibson's answer
You have make an effort to locate your spouse and then petition the court for service by publication showing you made such effort. The amount of effort will vary depending on the facts of each case.

Q: April 2003 was charged and pled guilty to "18 § 5504 §§A1" - Harassment by communication

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 8, 2013
Eric Michael Gibson's answer
It may have been repealed for a number of reasons and this does not mean you are entitled to have it expunged. That crime now exists under 18 Sec 2709. However if it was a summary offense there is a procedure for expungement when you have been crime free for 5 years since the conviction (guilty plea.)

Q: I am in PA, HUbbs is in nursing home in Canada, separated since 2007. How to file for divorce?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
You can file in your county under 3301(d)(1) Irretrievable breakdown - living separate and apart for 2 years. Contact a local family law attorney

Q: My mother found a wallet in a store, didn't turn it in right away, now they want to charge her for theft what can she do

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
She should get a lawyer because it sounds like she has a pretty good defense. "THEFT OF PROPERTY LOST, MISLAID: A person who comes into control of property of another that he knows to have been lost or mislaid . . . is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it." Sounds like she took reasonable measures to restore the property. They also need the victim to testify that she didn't have...

Q: How do I obtain free forms to expunge my criminal records?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
Check your county's court website, law library or with the probation office.

Q: Can one parent restrict who a child sees?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
If there isn't a court order than the short answer is no. However there is nothing preventing either parent from withholding custody or altering the custody arrangement either.

Q: I am recently separated and my ex just moved out and took my son to an unknown address. Is that legal?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
It depends, but if there is no court order you both have custody rights - however PA does have relocation laws which your ex may have violated. You should file for custody immediately.

Q: How does someone terminate parental rights voluntarily

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 31, 2013
Eric Michael Gibson's answer
This is normally done in the context of an adoption either by another adult (such as a stepparent) or by putting the child up for adoption with an agency. A party needs to petition the court and consent to the termination.

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