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Questions Answered by Eric Michael Gibson
1 Answer | Asked in Divorce for Pennsylvania on
Q: How do I go about getting a publication divorce?
Eric Michael Gibson
Eric Michael Gibson answered on Feb 8, 2013

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.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: April 2003 was charged and pled guilty to "18 § 5504 §§A1" - Harassment by communication

Applying for a job now and doing some research if it would affect getting employed by Wells Fargo, I find it was repealed Dec 2002. So, I feel I shouldn't have ever been charged (or charged inappropriately) and may be able to have that one and only charge I ever had disappear somehow... Any incite??

Eric Michael Gibson
Eric Michael Gibson answered on Feb 8, 2013

It may have been repealed for a number of reasons and this does not mean you are entitled to have it expunged.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... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I am in PA, HUbbs is in nursing home in Canada, separated since 2007. How to file for divorce?
Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

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

1 Answer | Asked in Criminal Law for Pennsylvania on
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

She found the wallet and didn't give it to the clerks because she had read about how a woman's husband lost his wallet and someone turned it into the clerk, but the clerk, instead of keeping it safe, took the man's bank card and spent his money, so she didn't turn it in right away and began looking... Read more »

Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

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... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I obtain free forms to expunge my criminal records?
Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

Check your county's court website, law library or with the probation office.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can one parent restrict who a child sees?

If the parents are separated with equal custody (haven't ever been in court), and one parent has a list of people they do not like that happen to be the other parent's friends, can the first parent tell the second parent that the child is not allowed around those people? (The dislike is personal... Read more »

Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

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.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am recently separated and my ex just moved out and took my son to an unknown address. Is that legal?
Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

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.

1 Answer | Asked in Family Law for Pennsylvania on
Q: How does someone terminate parental rights voluntarily
Eric Michael Gibson
Eric Michael Gibson answered on Jan 31, 2013

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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