Questions Answered by Kathryn Hilbush

Q: I live in Washington PA and my niece and nephew live in florida am I able to file for visitation rights?

1 Answer | Asked in Family Law for Florida on
Answered on Jul 27, 2017

You'd have to file in FL but, as I don't practice in FL, I can't tell you whether you have legal standing under FL law to do so. This question ended up in the PA lawyer forum because you're from PA, when it should have been in the one for the FL attorneys
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Q: Help until the courts intervene with custody interference, contempt and modification

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 27, 2017

It's hard to know what options you might have because I can't read your custody order. I assume you've filed something to have the order modified, but you don't have an attorney. Has this current problem convinced you that you shouldn't be doing this without representation yet? I suggest that you get in to consult with an experienced family law attorney in the county where your order was entered as soon as possible because you're currently stuck in an untenable situation and really do need help.
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Q: Child talks about Mom getting drunk while he is with her. She lives 1 1/2 hr away. DO I have any legal grounds?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jul 27, 2017

I think you posted a similar question which I just answered. In answer to your hearsay question, generally speaking, repeating what someone else told you is always hearsay unless that person is there to be questioned by the other side. If you'll review my other response, you'll see that I gave you some of my thoughts on how a six year old might say one thing which may, in fact, have a completely different meaning to an adult. Also, children of that age still have a loose concept of time....
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Q: Can my husband pay child support for a child that the mother gave to another man?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jul 27, 2017

That's going to be tough. In PA, there is a presumption of paternity. That means it is assumed that a child born during a marriage is a child of that marriage unless there is clear and convincing proof that the husband could not be the father.

There was a recent case where genetic testing proved that a child was not the husband's, the court still would not grant custodial rights to the biological father because the husband had been raising the child as his own. The court felt it was in...
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Q: What should my action be when suspected unsafe conditions?I

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jul 27, 2017

This is a tough situation because sometimes, when children relate what goes on when they're with the other parent, they're relating the events in a way which doesn't necessarily mean the same thing to them as it does to adults. For example, he could say she's getting drunk all the time because he sees her having a beer or glass of wine and then laughing. Or he may say they sleep "wherever" because he falls asleep when they're out. Or, he could be completely accurate in what he says and that's...
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Q: my husband had a baby with a girl. He wants to be the child life but the mom denies him all access what are his options?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 27, 2017

Your husband should consult with an experienced family law attorney in the county where the baby is living to discuss filing for custody. He will have to obtain proof that he's the father if that hasn't already been established. If he's the biological dad, he has the right to develop a relationship with the child. Be forewarned that a custody action will likely prompt a support action against him.
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Q: I am the custodial parent and my ex wife has visitation can she take my child to sleep overnight at her boyfriends?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jul 25, 2017

Obviously you realize that she and her boyfriend are both violating the PFAs against them by doing this. The situation is surely odd. Whether your child is in danger is hard to know, particularly with the limited information provided. My suggestion is that you have a consultation with an experienced family law attorney in your area. At that time you can more fully explain the situation and get some advice based on what you discuss.
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Q: I've had an emergency custody order in pa for 3 years now and mother never pursued. Now she wants custody.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jul 25, 2017

Generally speaking, both parents have legal rights to their children unless those rights have been terminated in connection with an adoption, so, yes, she can file. Do you have anything to worry about? Well, that depends on what you mean by "anything." The court evaluates 16 factors when making a custody determination. I've provided you with the link. Read sections 5328-5330 specifically.

Being absent from a child's life for 3 years will certainly not weigh in her favor, but without...
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Q: My ex took me for child support an my kids spends more then 50% of there time with me can I get it dropped or reduced

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jul 25, 2017

In PA we measure custodial time by overnights so, for example, if the children spent every day with you from 9 AM until 9 PM, but slept at their mother's every night, you would likely not be not be considered to have more than 50% custody. Your question is unclear as to where you are in the support proceedings. It sounds like you've already have an order entered. It's pretty impossible to know from here in the internet whether you can have that order dropped or reduced without a lot more...
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Q: Can I "sell" my QDRO of $80,000 at a loss? I'm due to aquire it in 3 years but need it now.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jul 25, 2017

Not that I'm aware of. I suggest that you discuss this with the attorney who represented you in the divorce.
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Q: If mom and dad share equal physical and legal custody ismom entitled to support. There is no legal support ordet

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Jul 25, 2017

Perhaps, or maybe dad is. It depends on their respective incomes. There are statewide rules for determining child support. If you know the other parent's income, you may be able to get some idea by using one of the online support calculators, such as the one I'm giving you the link for.

https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client
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Q: Does a non martial childs biological father have rights or does my husband have rights?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Jul 25, 2017

Mr. Hyde is correct - what a mess. Has you husband treated this child as his own? Do they have a significant bond? In PA we have paternity by estoppel, which means that if the child was born during the marriage, the husband is presumed to be the father. However, it gets more troublesome when the marriage is no longer intact, potentially opening the door to the biological father. Recently in PA , there was a case involving the husband seeking DNA. It was done and showed he was not the father....
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Q: If there is no agreement for our child and she lives with mother full time can father just up and take her & not return?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Jul 25, 2017

Mr. Hyde has given you a very good, down to earth response to your question. You really should consult with an experienced family law attorney in your area to learn your rights and options.
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Q: In the case where your defending yourself in a custody case what info does your spouse's attorney have to give you

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Answered on Jul 24, 2017

Your post is confusing, even when I add in the missing punctuation. In the header you ask about what information must be provided and then in the body you seem to be asking how to force CYS to withdraw their involvement, which is unlikely, by the way. You really should at least meet with an experienced family law attorney where you can ask the questions you have and obtain advice.
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Q: Am I entitled to any of my wife's business if she started it after we separated?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jul 24, 2017

Hard to know. My first thought is no, but without meeting with you to go over everything in detail, my response is please consult with an experienced family law attorney in your area. That's the way to obtain good advice on what might be a rather complex issues depending on multiple factors.
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Q: What types of things can be held against a father when determining more visitation time and overnights?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jul 24, 2017

It's impossible to know what the result of this scenario would be. I am providing you with the link to the custody statute. Read sections 5328-5330 in particular because that's where you'll find the 16 factors the court must consider when determining what a custody order will be. I strongly urge you to consult with an experienced family law attorney in your area to discuss the details of your particular situation in greater depth....
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Q: I owe child support arrears. Over $20k. Can i reduce my child support? I don't want to owe no more.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Jul 24, 2017

If you're asking can you lower the support order so that you can contribute more toward the arrears, even though you're now making more money, the answer is unlikely in PA. I see that you posted this question from a Michigan. If your support order is in MI then you should be asking this question of MI attorneys. If your case is in PA, I suggest that you consult with an experienced family law attorney in the PA county(ies) where the support orders were entered to discuss the details of your case...
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Q: Ex stopped paying unofficial CS. Will this effect my son's health insur (through state)? Will we go to court?

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Jul 24, 2017

I suggest that you contact whatever agency administers the health insurance, such as DPW, and ask. If you don't want to reveal your name, just ask as a general question. You may have to file for child support through the court. Whatever you do, don't just ignore the situation.
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Q: Have a son who I going to be 18 in October and didn't go to school for 3 years and only in 9th or 10th grade

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jul 24, 2017

You may have to pay until he's been graduated from high school, but it's hard to know without far more information there's no way to tell. Child support obligations typically run through the later of attainment of 18 years of age or graduation from high school. I suggest that you consult with an experienced family law attorney in the county where the order was entered to learn how the local court may view your particular fact pattern.
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Q: The fathers home Pa, son born in Pa, mothers home is illinois father incarcerated fla dad wants to grant guardianship to

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 24, 2017

It usually depends on where the child has resided for the last six months. You'll need to provide more information.
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