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Questions Answered by Kathryn Hilbush

1 Answer | Asked in Divorce for Pennsylvania on

Q: I would like to know if it is legal for me to change the locks on my house to keep my ex husband out.

He has his own place and hasn't been living at my address for over 2 1/2 years. His name is on the deed also.

Kathryn Hilbush answered on Jul 18, 2019

Maybe. There's a lot more information needed to give you a well reasoned answer. I suggest that you schedule a consultation with an experienced family law attorney in your area to explain the entire situation to her/him.

1 Answer | Asked in Family Law for Pennsylvania on

Q: courts that are asking for a child to be present

I received paperwork for a court date and in the paperwork it is stating that all of my children are to be present but my 17 year old daughter is refusing to go what do I do and can I be held responsible if she still refuses the day of court

Kathryn Hilbush answered on Jul 18, 2019

Tell your daughter there's a court order requiring her to attend and if she doesn't the court may punish you as the custodial parent for not having control over your child. If she doesn't want to say anything when she gets to court, that's a whole different story.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: If a parent gives the other parent full legal custody of the child, are they still responsible for child support?

Kathryn Hilbush answered on Jul 18, 2019

Yes, if there's a court order requiring it.

1 Answer | Asked in Child Support for Pennsylvania on

Q: I didn’t file for child support for 14 years. Am I entitled to arrears?

Kathryn Hilbush answered on Jul 16, 2019

You're entitled to payments commencing the date you filed so, if you didn't file until recently, you won't be entitled to back support beyond your filing date.

1 Answer | Asked in Child Support for Pennsylvania on

Q: How many times in one year can my ex apply for a child support modification?

We just had an order put into place in the beginning of June because he went for a modification. Instead of appealing it since he didn't like the outcome he applied for another modification in July.

Kathryn Hilbush answered on Jul 16, 2019

He can file as often as he likes. At some point the court may award you counsel fees if it you have an attorney. If yoiu don't, I suggest that you retain one.

1 Answer | Asked in Child Support for Pennsylvania on

Q: Can I call the day I suspect my ex to start a support case against me to find out if they did? Will they tell me?

They are threatening to go to domestics because they are evil and aren't happy with themselves and constantly text and harrass me everyday for whatever they can think of to mess with me.

Kathryn Hilbush answered on Jul 8, 2019

it would probably would be too soon to obtain the information but usually the notices of a hearing date go out within days after the case is filed.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: I am unsure should I get a emergency custody or or modify it for supervised visits

dad stated he has bad sezuires doctor stripped his licence but he went to the hospital for ans now he wants me to take my son to him back and forth up to octover hes not on any medication . And he said his he cant control his sezuires and they are bad enough that he cant remember anything and... Read more »

Kathryn Hilbush answered on Jul 5, 2019

You need to consult immediately with an experienced family law attorney. We cannot advise you to violate a court order but, depending on your discussion with an attorney in person, you may be justified in holding the child back if there is a serious risk to him being with his dad right now.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: Is Medicaid considered public assistance under a custody decree?

My niece has a custody decree under which she has sole custody of her daughter as long as she is not getting public assistance. Does Medicaid constitute public assistance?

Kathryn Hilbush answered on Jul 4, 2019

I wouldn't think so but, not being able to read the document or being privy to the negotiations/deliberations which resulted in the order, I can't be certain.

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on

Q: my daughter had child support many years ago but they close the case cause the dad diisapear

we just find out that the dad is dead, is any support that my child is eligable?

Kathryn Hilbush answered on Jul 2, 2019

In addition to Attorney Boyd's excellent suggestion, you can also look into whether the father left a estate that might be available from which your daughter might be able to claim a share. You'd want to check with the Register of Wills in the county where he passed away or where he resided.

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1 Answer | Asked in Family Law for Pennsylvania on

Q: Is there any recourse if an objection to the non custodial parent moving with the child is not received in 30 days?

Kathryn Hilbush answered on Jun 29, 2019

Your question confuses me a bit. Are you asking as the relocating parent or the non-relocating parent? Either way, I've attached a link to the PA custody statute. Relocation is in Section 5337. It should answer your questions.

2 Answers | Asked in Child Support for Pennsylvania on

Q: My ex husband filed a request that I pay him support. He lied and claims our children live with him. I have a custody.

I showed the mediator our most recent custody order which he replied this was 2015. It is our most recent order. I showed other documents that our kids live with me. How is the support mediator supposed to determine who our kids live with when I say they reside with me and he claims they live with... Read more »

Kathryn Hilbush answered on Jun 19, 2019

I suggest that you obtain a copy of the custody docket, which should show that the most current order is the one from 2015. Then gather up documentation that tends to show that the children reside with you - school records, doctor's records, extracurricular activities rosters, etc. Anything that... Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: I have been indicated falsely 20 years ago. I am now in a position trying to have kinship of my 3 grand children

They are telling me I may not be allowed the home evaluation because of it. I have had the req evaluation stating I can safely & adequately care for my grand children

Kathryn Hilbush answered on Jun 16, 2019

I suppose it's possible but without all the facts it's impossible to know what to tell you. You should consider consulting with an attorney experienced with CYS matters to obtain assistance in getting through this.

2 Answers | Asked in Family Law for Pennsylvania on

Q: Recieved papers in mail. Not sure what its saying. Had conference in may but refused agreement. Please help

Kathryn Hilbush answered on Jun 15, 2019

You really need to discuss tyour situation with an experienced family law attorney. There is absolutely no way anyone here can help you. You need to show your paperwork to an attorney in person and should you should do so very soon.

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1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: After a domestic violence case will my husband be allowed to return home?

Kathryn Hilbush answered on Jun 13, 2019

I think an awful lot more information is needed before this question can be answered. If you and your husband are on decent terms, perhaps he'd allow you to discuss this with his attorney, although, if you're the victim of the abuse, that may not be permissible. have you considered going to one of... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Can a person voluntarily give up parental rights to a child without the child being adopted by someone else?

Kathryn Hilbush answered on Jun 13, 2019

Not really because it wouldn't become a court order until an adoption petition as well as a petition to terminate parental rights had been filed. If the person wanting to give up rights thinks doing so will relieve him/her of support obligations, no such luck. If this actually has to do with not... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can parents forbid their child to date someone?

My daughter has been dating her boyfriend for over 2 years. They are 17 and 16 yo. Recently, after an argument with his parents, they told him he's no longer allowed to date my daughter. They've also told me he's no longer allowed to associate with her, or our family. Before this, our family has... Read more »

Kathryn Hilbush answered on Jun 13, 2019

Sure they can, just as you could forbid your daughter from dating someone. They're both under 18 years of age and children in the eyes of the law.

2 Answers | Asked in Child Support for Pennsylvania on

Q: Does my ex have to pay child support for our daughter after she turns 18 but then attends college?

Kathryn Hilbush answered on Jun 13, 2019

Not unless there's a written agreement that he will do so. In PA, a parent's support obligation ends upon the child's attainment of 18 years of age and graduation from high school, unless the child suffers from a serious physical or mental impairment.

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2 Answers | Asked in Child Custody for Pennsylvania on

Q: If parent 1 signs away parental rights and parent 2 dies, does parent 1 still have rights to a minor child if not adopte

Kathryn Hilbush answered on Jun 13, 2019

Yes, if the parental rights were not actually terminated by the court.

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: I have a question. My soon to be ex filed for support for our 1 son and spousal support for her. She doesn’t work..

Will she be told to find a job. I have been giving money to her without a court order since we split in 2017. I am finally moving on and have my own expenses and finally found a new place to live after spending time with my parents. I also pay support for a child who is the states custody... Read more »

Kathryn Hilbush answered on May 26, 2019

It's really not possible to provide you with detailed answers because every case is different. I expect that she will likely receive both spousal and child support based solely on what you've said here. You really should sit down for a consultation with an experienced family law attorney to discuss... Read more »

1 Answer | Asked in Family Law and Adoption for Pennsylvania on

Q: My sons biological mom has not been in his life since he was 3 months old.

Can I petition the court to terminate her rights so my current wife can adopt him.

Kathryn Hilbush answered on May 26, 2019

In PA you can. Consult with an expereinced family law attorney in the county where you reside.

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