Questions Answered by Kathryn Hilbush

Q: Mother has custody. Father has visitation every other weekend.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Sep 20, 2017

There is a relocation statute in PA that governs the procedure to be followed if a parent seeks to move a child a distance away from the other parent. It appears that your daughter did not follow this procedure. Yes, a judge can give the child back to her at her new location or tell her to return the child to the prior location. Your son should retain an attorney.
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Q: Can I take my sons father back to court for paying less than the support order is with a wage attachement?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Sep 16, 2017

Yes, you can. It may be that his paycheck isn't high enough to allow the employer to deduct the full amount of the order legally, but he's still on the hook for the total amount of the order unless and until that's modified.
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Q: What if a parent hasn't followed the custody order in over a year and doesn't get the child on their schedule days.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Sep 16, 2017

Probably but, again, as with so many things in family law, it depends on all of the circumstances involved. Has there been any interaction between the child and parent over this period of time or has the parent been completely and totally absent from the child's life? is the child old enough to be comfortable resuming the custodial schedule immediately or does the child need a little easing in time? I suggest that you meet with an experienced family law attorney at which time you can have an in...
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Q: Is it considered custodial interference if the parent makes medical decisions without the other parent?

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Sep 16, 2017

It's not necessarily called custodial interference but, if there's a custody order granting shared/joint legal custody, it could be considered a failure to co-parent. A lot depends on the related circumstances. If your son is concerned about her actions, he should consult with an experienced family law attorney in his area.
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Q: If I pass away and my wife remarries can she change my child's last name? Thank you.

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Sep 16, 2017

She could. She'd either have to file with the court to change the child's name or her new husband could adopt your child and give the child his name.
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Q: Step kids dad hasn't been around I 4yrs, doesn't pay support, going back to court again, can I make a list of what I pa

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Sep 3, 2017

Sure, you can certainly compile a list but know that support orders in PA are calculated based on the parents' incomes and not what it costs to raise children. Sometimes, additional expenses can be added to an order. Those would, of course, include child care and possibly tuition and camp. Other expenses such as tutoring, sports like ice hockey, and dance lessons, which are often quite expensive, have been know to be added on. Make sure that your list is concise and not multiple pages long...
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Q: Hello, I have a 2 year old Boy, that i have never ever seen before in the Physical. Mother will not let me see him.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Sep 3, 2017

If the mother has not filed for child support already, and if she is not on public assistance, then the order should start with the date of filing and not be retroactive to the child's birth. You noted that that's a couple pretty important "ifs". You may want to consult with an experienced family law attorney about your options going forward.
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Q: Filing for custody, self representing, was wondering if I could blackout my address on the defendant's copy.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Sep 3, 2017

No. This is why you should have an attorney. If you can't afford an attorney, contact Legal Assistance in your county to see if they can help you.
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Q: Are the parents required to live in the same school district if they agree the child should go to that school?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Sep 3, 2017

It could be true. If your boyfriend had an attorney for his custody case, he should ask him this question. If he had no attorney, then I suggest he schedule a consultation with an experienced family law attorney located in the county where the order was entered. Someone needs to review the custody order and possibly the hearing transcript. However, you should both be aware that, in PA, custody is always temporary and subject to change.
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Q: If the child is 15/16 and working a job. Do the father still have to pay child support?

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Sep 3, 2017

Ordinarily you are obligated to support your child until he has become 18 years old and been graduated from high school, unless he has been legally emancipated.
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Q: in a relationship with my daughters father, can he still pay support if we are dating? Or do I need to drop the order

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Sep 3, 2017

I agree with my colleague and suggest that you spend some time evaluating what you want for your child and you in life.
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Q: My wife and I have emergency temporary custody of our nephew if the father has him can we can get in trouble if...

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Aug 30, 2017

I'm confused. If you have temporary emergency custody then why is the child with his father? Why didn't the father get custody? You should discuss this situation with an experienced family law attorney a soon as possible. Something's not right here.
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Q: I have a 22 year old child disability she works why do i have to still pay support

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Aug 30, 2017

Unfortunately, you didn't provide much information with your question and I suspect that's why no one responded. I'm not suggesting that you provide personal information on a public website, though. I do suggest that, if you want an answer to your question, I suggest that you consult in person with an experienced family law attorney in an environment where all details can be set forth and options explored. For your situation, I think that would be better than asking online questions.
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Q: What if the plantiff does not respond to my Counteraffidavit for a Pa 3301(d) divorce? Is there anything I can do?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 30, 2017

The plaintiff doesn't need to respond to your Counter-Affidavit. If the plaintiff wishes to request a hearing for determination of a date of separation, that would be the next step.
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Q: Is the plaintiff notified when the defendant is officially served with child support papers? I live in Pennsylvania.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Answered on Aug 30, 2017

Not usually but you can contact your Domestic Relations Office to check on it. I'd give it a little more time, though. Perhaps calling the week before the conference or hearing makes sense. I am assuming that this is an initial filing and not a modification petition. If it's a modification petition, you may be responsible for making service.
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Q: If a father hasent seen or spoke to his child in a year and barely pays child support. Can Intake further legal action?

1 Answer | Asked in Adoption, Child Custody and Child Support for Pennsylvania on
Answered on Aug 30, 2017

You should speak to an attorney knowledgeable about adoptions in your county. In PA, an adoption might be possible but most judges prefer to know that there's a long-term commitment to the child and family, i.e. a marriage, rather than being just a fiance
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Q: My husband is charge of domestic violence, and have to attend criminal court. If his wife stated situations happened

1 Answer | Asked in Domestic Violence for Pennsylvania on
Answered on Aug 29, 2017

I'm sorry but I don't understand your question.
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Q: Can a non custodial parent take a child from school just because they're on the birth certificate?

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Aug 29, 2017

Your sister should provide the school with a copy of her custody order. That should demonstrate to them that the father does not have custodial rights other than what's set forth on the order.
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Q: Is there a conflict of interest in my case if the plaintiffs attorney is married to the President Judge of that county?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Aug 29, 2017

I'm assuming that the Board of Judges has figured this one out. Why not consult with a local attorney experienced in family law in your county to find out whether this has been considered a problem in the past. We have situations in our county where an attorney is married to a judge in a different division and yet still handles family law cases.
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Q: My fiancée has 50/50 He pays child support which she has agreed to since 2012. It's also in there agreement.

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Aug 29, 2017

Child support can always be modified.
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