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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Family Law for Pennsylvania on
Q: As an unmarried mother, would it be legal to move to another state with my child?

I have a chance to make a new life in a different state and I was wondering if an unmarried mother with no custody order could move to a different state I live in Pennsylvania. Right now at least.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 13, 2019

Most family law practitioners will tell you that you need to follow the PA child relocation procedures prior to moving the child, even if there is no custody order.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I have a 14 year old that I gave my parental rights to my aunt and she now has custody I am back in her Life is there a

Is there any way that I could have any rights back to her and they are talking about not letting her see me anymore and it is devastating her

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

If you agreed to a custody order, you can file to have it modified by the court

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My 18 year old daughter would like her stepfather to adopt her and be able to legally change her name to ours,

Her birth father has not really been in her life for 3-4 years. Would her biological father need to sign off any rights for her to legally be adopted now that she is an adult? We reside in PA.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

No, as an adult she does not need parental consent.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can you file for support in Pennsylvania if the childs home state is Maryland. Mother left and took baby
Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

This is a bit confusing. Who's filing for support? The mother who left the state and took the child? How long has the child been in PA, is it? You should probably speak in person with an experienced family law attorney and set forth the facts in detail.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Does child support increase in Pa when the child turns 12 years old
Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

Not unless the specific facts of the case warrant it.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My sister and her husband returned their adopted daughter to children and youth services without notifying any family.

Several of us contacted children and youth services and expressed being kinship foster parents and kinship adoption as soon as we found out the child was placed into care. The caseworker is completely disregarding us as options even though we have had healthy, positive meaningful relationships... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

It sounds like the one among you who you believe has the best chance should hire an attorney and go from there.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I live Philly my son turns 18 in February and graduates from high school in June does my obligation automatically end?

Does child support just stop who notified my job to stop garnishing my wages?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

No. The custodial parent may receive correspondence form Domestic Relations asking whether the child has been graduated from college by the time he turns 18 and, if not, when the graduation date is. If that parent sends the paperwork in, then the case will be diaried to stop charging at graduation.... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: will changing from partial custody to 50/50 decrease what I pay in child support? Dad still isn’t working and I am.

I will now have shared physical custody instead of partial. I work and sons father doesn’t. Can what I was paying with partial custody be decreased now that I will have my child 50/50? Dad can, but chooses not to work. Is this okay? Can they ask him why he’s unable to work? Should I pay the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 8, 2019

Your order may decrease but it's all dependent n your relative incomes. You should consult in person with an experienced family law attorney in your area to discuss the best way to present the case in regard to the father's alleged inability to work.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is carbon county open to 50/50 custody?

I was staying at my parents house for the duration of a drawn out divorce. I was given every other weekend based on my distance. I am purchasing a home within the same school district and less than 10min from where my children reside with my ex. I want to be an equal parent to my children but my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 6, 2019

I can't speak to Carbon County specificallylly but most counties are.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am 17 and in December I will be 18. Would I be made to return home if I moved out without my parent's permission?

The other day my dad had given me the choice to leave but he has since retracted that since I stated I did not want to live with them.

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You can leave when you're 18 but don't expect your parents to provide for you. Maybe try to work things out instead?

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I are US Legal residents in PA state. She owns a house in India acquired during our marriage.

If I file for divorce in US will I be able to get half the property?

Do we follow US laws even thought the property is in India if the divorce is filed here? How long will the divorce take? How much will it cost?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You have quite a few issues and it would be best if you schedule an in person consultation with an experienced family la attorney in your area to discus them in detail. yes, the property in India can be dealt with during the property division phase of a divorce filed in PA.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I've been getting support for 9 years now. Suddenly 2 years ago he pulled some sort of strings and I've only been receiv

Checks for one of our two children since 2017. Now suddenly July of this year I stopped receiving payments all together. I've verified he's still working. I can't get in touch with anyone feom family court's division. Any and all help is greatly appreciated thank you everyone in advance

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

Keep trying Family Court. No way of knowing why from where I sit.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband quit his job to start his own business and now wants to lower his child support. Can he?

My ex-husband only pays $600 a month for 3 kids. (Which is low to start with because I already agreed to a lower amount twice) He quit his job to start his own business and now after 1 month he wants to lower his child support saying he isn't bringing in enough money. Can he? (Pennsylvania)

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

He can certainly request the reduction but typically the court would view a situation such as this as a voluntary reduction in income not warranting a reduction in the support order.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I just had a baby & was told that in PA I can be unemployed for 6 months and not have to pay child support is that true?

In other words child support can't make me pay monthly payments or charge me for my rears for 6 months after having a baby

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

No, that's not true. I'm assuming that you're the father?

1 Answer | Asked in Child Support for Pennsylvania on
Q: Ex trying to lower support

My ex husband is taking me back to try to get his support lowered since my son started kindergarten. If it gets lowered does the lower amount go into effect after mediation or does it go back to the day he filed? Will I get a lower amount until he gets paid back what he's paid since his initial... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 3, 2019

Usually the modification is effective the date the petition was filed but if the circumstances resulting in the modification occurred after the filing date then it's likely the order wouldn't be effective until that later date. Often the payments toward the prior order may be used to reduce any... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it illegal to offer someone money in exchange for their child, and what can be done about it?

A friend was offed $50k for her son by the fathers ex-gf. What can my friend legally do about this?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 3, 2019

Doesn't sound like it's on the up and up. What exactly do you think she should do about it? I assume she can go to the District Attorney's Office about it but you can be certain the ex gf will either flat out deny the accusation or say there was a misunderstanding.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My boyfriend at the time now my ex got arrested for domestic violence... I have some questions.

When the officer got here it was 4 in the morning. I said I was being pinned down because we were arguing and I couldn’t get up and then I bit his arm to get off of me. He said he was going to serve him with harassment papers and my mind was all over the place. I thought he was going to have him... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 27, 2019

When you go to PFA court? Yes. Criminal court, you'll have to discuss with the District Attorney's Office beforehand

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: i recieved court date scheduled october 2nd 2019 in hale county and im in pennsylvania
Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

I don't know where Hale County is but you should deal with the issue with an attorney from that jurisdiction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period . That's... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Modification of child support has been filed will they go back and correct original order?

Original order they calculated mandatory pension in net income

Kathryn Hilbush
Kathryn Hilbush answered on Sep 24, 2019

Hard to know. Depends on the circumstances surrounding the original "error". Usually, however, a modification is applicable from the date of filing going forward.

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