Questions Answered by Kathryn Hilbush

Q: My wife has issued a pfa against me and I just got served the papers and had to leave my house with spousal waiver on it

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 20, 2018

Apparently you both still resided there. That's how it happened. It doesn't mean she's now the owner of the house but it does mean she's the person allowed to reside there while the PFA is in effect. You should talk to your attorney or, if you don't have one, retain one asap.
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Q: My husband left me with no explanation. I am currently still staying in the house. He comes to the house when im not

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 13, 2018

There are a variety of ways you can locate an experienced family law attorney in your area. There's a directory on this website. There's the internet. You can ask friends, family and co-workers for references.
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Q: Why would my property settlement agreement request the court that the decree not contain any details?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 13, 2018

It would state that in order to protect your privacy. It has no effect on the validity or enforceability of your agreement.
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Q: I was informed last minute my ex will not be bringing the kids tonight for the ordered custody exchange. What can I do?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 13, 2018

You likely didn't have any at the time. I assume by now you've discussed the situation with your attorney. Honesty, those of us on this site do not generally like to second guess counsel already in a case anyway because she/he knows far more about it than we do. It's unfortunate that you weren't able to speak with your attorney that day but we are sometimes just not able to immediately respond to calls. I hope everything works out for you.
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Q: If im 16 can i sign myself over to another adult to live with?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 13, 2018

No. You're considered a minor until you're 18.
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Q: I pay cs my x has not let me see child 2 yrs now left country how do I make her bring child back

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 13, 2018

Pennsylvania has a statute which requires parents who intend to relocate minor children to either obtain the written consent of the other parent or a court order permitting the relocation. Not knowing anything more about your situation, the best I can tell you is that you should schedule a consultation as soon as possible with an experienced family law attorney.
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Q: He is not on the birth certif. We don't have any court ordered visits or sup. Can I not send her to visit until he pays?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 13, 2018

You don't have to allow the father to see your daughter without a court order. I would think that suddenly holding her back from him after you've been allowing alternating weekends for so long, with no reason other than his failure to pay support, may work against you in custody court. In PA, child support and custody are supposed to be separate and apart from each other. I suggest that you schedule a consultation with an experienced family law attorney in your area to discuss your options.
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Q: parenting order in place. father refuses to give address. What can I do

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 13, 2018

Not having the opportunity to review your custody order, it's hard to say whether the father must provide you with his address. I would assume that, if he's taking the children to his residence, you would be entitled to know where that is. I suggest that you take your court order to an experienced family law attorney in your area for a consultation.
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Q: My husband filed for a divorce in Monroe County PA. I still have not been served the paper work

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on
Answered on Jan 13, 2018

You should have been served as you know but people have been known to falsify court documents. I strongly urge you to consult with an experienced family law attorney. You could really use someone to look out after your best interests at this point.
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Q: Separated 2 years, does my spouse have to sign divorce papers?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 13, 2018

He doesn't have to agree to a divorce but he has to be served with various documents in order to finalize the divorce. If either of you has raised the issue of property distribution in relation to the divorce, you'll have to complete that process before the divorce is finalized. I suggest that you consult with an experienced family law attorney in your area to more fully discuss your situation.
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Q: Is there anything else w can do? He is in county court

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 13, 2018

Get in touch with your local Domestic relations Office and have them file another contempt petition. This time, if you haven't before, go to court and make your position known to the judge. I have no idea why he hasn't been incarcerated if he hasn't followed the court's orders.
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Q: My child lives in New York with her mother. I’m an Ohio resident do I need a ny lawyer or an ohio lawyer?

1 Answer | Asked in Family Law and Child Support for New York on
Answered on Jan 13, 2018

Based on what you've indicated, and assuming you're asking about a custody case and your child has lived in NY for at least six months, then you'll want to discuss your situation with a NY family law attorney.
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Q: My ex never wanted support for our son for 16 yrs now she is sueing me for support can she get it

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Jan 13, 2018

Yes, she can file to obtain a support order against you. The amount o the order will be based on your respective incomes.
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Q: What rights do grandparents have in PA with regards to visitation with grandchildren?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 12, 2018

Here's a link to the statute but there have been some fairly recent changes through case law that aren't reflected precisely in the law. I suggest that you consult in person with an experienced family law attorney in your area to discuss the specifics of your situation.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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Q: My boyfriends child's mom says her mom has custody he was not notified. Is it true?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jan 12, 2018

No way to know that from here. I suggest that your boyfriend request to see a copy of the order. I'm not familiar with KidsVoice and so don't know what they were checking with their computers but, if the case is in Philadelphia, he can search the online docket through this site.

https://www.courts.phila.gov/casesearch/
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Q: Can my daughter give me temporary custody of my grandaughter without the fathers consent in PA if they are not married.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 10, 2018

Probably not. She'll have to obtain his written consent by signing an agreement to give you custody and then submit the agreement to the court for approval as an order. If that won't work, then you should both discuss with an experienced family law attorney in your area whether you or she should initiate a custody action.
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Q: In civil court in Pennsylvania can the plaintiffs attorney directly contact the defendant ant intimate them?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 10, 2018

If the defendant is unrepresented then the plaintiff's attorney may be in direct contact with him/her. Please note that, in order to request a continuance, the court regularly requires the requesting party to inquire of the other side whether the continuance request will be opposed. Hence, it's quite possible that the attorney was just doing what was required.
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Q: I currently have a PFA on my child's father Can I still file for child support from him?

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Jan 10, 2018

Sure. The PFA does not prohibit you from seeking support from the father. You can ask that your address be kept confidential when you file for support. You can also request that court house police be present for the support conference.
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Q: My girlfriend, is trying to move out of state by this having trouble because of custody. What's the quickest action.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 4, 2018

I don't know the answer to your question about your GF getting full custody as there aren't nearly enough facts here. However, I will tell you that PA, like most other states. has a child relocation statute which requires a parent wishing to move the children to file with the court for permission to dos so unless the other parent consents to the move. Your GF would do well to consult with an experienced family law attorney in her area to discuss the situation in detail.
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Q: How long can the courts hold you to a earning potential ? We keep appealing it and nothing happens! Help ! PART 1!!

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Support for Pennsylvania on
Answered on Jan 4, 2018

I assume you're posting the rest of your question later? I can tell you that 50/50 custody is calcluated by overnights so, if your BF doesn't have the children overnight for 7 nights out of every 14, he doesn't have 50/50 custody, no matter how many days he has them without sleeping over. He may be entitled to a reduction in his support if he has them more than 40% of the time, however.
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