Questions Answered by Kathryn Hilbush

Q: Request for rights to be signed over and child support increase

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Pennsylvania on
Answered on Nov 7, 2017

Didn't you already ask this question? The father's rights can not be "signed over" unless done in conjunction with an adoption. Otherwise, he maintains some form of custodial rights. If she thinks the support order is too low, she can go back to court.
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Q: My wife filed custody forgot dates in section 3b does she have to pay custody filing fees again?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Nov 7, 2017

I'm not sure what section 3b is but I'm assuming those are the dates and addresses of where the child(ren) have resided in the last five years. That's there mostly to demonstrate that the court has jurisdiction and you're in the right venue. I can't see her having to file again. If she's really worried, she could file an amended complaint but I'd say wait and see if the father raises it as an issue.
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Q: Can u get child support without letting the father see the child?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 6, 2017

Technically yes but he can go to court to ask for an order allowing him some form of custody. He can do that whether or not you take him to court for child support.
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Q: Can custody of 8 year old daughter be taken away from a mother if she has epilepsy in Pa.?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Nov 6, 2017

While the mother's medical condition can be taken into account in a custody determination, there are a total of 16 factors for the court to review when making a final custody decision. I'll give you the link to the PA custody law. Read sections 5328-5330 in particular. If you have any more questions, I suggest that you sit down with a local attorney experienced in family law to discuss all of the relevant factors.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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Q: Force to sign over rights and still get child support

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Pennsylvania on
Answered on Nov 6, 2017

I don't know why she want to do that, frankly. If he's not in the picture with this child now, why open a can of worms by taking him to court? Also, she can't force him to do anything and certainly not to "sign over rights"unless she's seeking to have his parental rights terminated in conjunction with an adoption. I'd say leave this alone.
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Q: Been living w my fiance's dad for 3 months now. He's telling us to get out. Can he do That? His name only one on lease.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Nov 5, 2017

It's his place. You need to start looking for another place to live.
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Q: How often can someone request a child support modification in PA?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 5, 2017

Unfortunately for you, as often as they like. If it gets totally ridiculous you can ask the court to admonish them or maybe grant counsel fees if you're bringing an attorney with you, but there's nothing in the law preventing someone from filing frequently.
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Q: If I buy a house before getting married and I get a divorce do I have to sell my house?

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Answered on Nov 4, 2017

No, not necessarily, particularly if you keep the house in your name. The best way to set your mind at ease would be to enter into a prenuptial agreement which outlines how pre-maritaL assets will be treated in the event of a divorce. Believe me, prenuptial agreements are not only for the very rich. I've had plenty of regular, middle class clients who realized too late that a prenuptial agreement would have saved him/her a lot of later trouble.
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Q: Father travels extensively with work. He is now seeking 50/50 custody. Chances?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Nov 4, 2017

So, your header says he travels all the time but the body of your question seems to say that's stopped. Let's assume that's what you meant - he's not traveling extensively any more. There are 16 factors the court reviews when making a custody determination. I'll give you the link to the custody law and you can read them in sections 5328-5330. Then I suggest that you discuss the particulars of your case in person with a local attorney well versed in family law. We're not in the business of...
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Q: If my sister in-law signs over full guardianship of her newborn to me can she take the baby back with out legal help?

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Answered on Nov 4, 2017

Yes, there is the possibility that she can get the child back if she gives you guardianship. I'm not sure what you mean "without legal help". If you mean does she have to go through the court system, it would require that an attorney review the guardianship papers to determine f she can just revoke them or go to court to have that done.
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Q: can my income be used in my boyfriend's child support or do we have to be married?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 4, 2017

N, your income is not considered in your boyfriend's case and would not be considered if you were married. In some cases, if the parent is unemployed or underemployed, the other side may argue that the person with whom they reside is defraying his or her expenses and the court may consider that argument, but the actual income of the non-parent is not relevant. It's his obligation to share in supporting his children, not yours.
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Q: Is there any way to get emergency temporarily custody over your children until court data set it would be

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Nov 4, 2017

In most counties, an emergency is exactly that - an emergency. Frequently people mistake urgency for emergency. You'll want to consult with a local attorney experienced in family law to determine whether your reasons for seeking emergency custody may actually be viewed as an emergency by the court. The process is by filing either a custody complaint and emergency custody petition, if there is no existing order, or an emergency petition to modify custody order if there is already an order in...
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Q: What can you do if the child support payment was determined wrong?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 4, 2017

If this was recent, you may have time to file an appeal, but not knowing when the hearing was held or at what level in the court you are, I can't help much more. If it was at the master's level, an appeal must be filed within 20 days after the date the order is received or the date of the order, whichever occurs first. A demand for hearing must be filed with the county Domestic Relations Section that issued the support order.

There's always the possibility that, even though the amounts...
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Q: If my ex owes a significant amount in arrears, does he have to have it paid by the end of the year?

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Nov 4, 2017

These seizures often take some time, even when they actually locate bank accounts in his name to seize. I suggest that you contact your Domestic Relations casewoker to learn the status of the matter.
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Q: For custody, a party who provides health care for kids has more advantage than the other party who can not?

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

Honestly, if you're asking does the parent who has the medical insurance coverage have a leg up over the other parent, I'd have to say that's unlikely. If you're actually asking about taking the child to the doctor, etc. I'd want to have a lot more information before I could answer this. Certainly a three bedroom apartment vs. a two bedroom apartment seems more desirable, but there's a lot more that goes into looking at each parent's housing situation that ho w many bedrooms are available. I...
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Q: We have joint legal custody. I want to take her thearpy but he will not sign the papers. What will be my next step

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

Joint legal custody requires, as you know, that you both agree to such major decisions. If the father can't agree, then you'll have to ask the court to decide by filing a petition. You'll need to present convincing documentation that your daughter requires the therapy. I urge you to consult with local counsel experienced in family law about the details of this situation and your options..
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Q: If I have sole custody of the kids, do i need to inform the father even though he doesn't have paternity rights?

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

It's unusual that a parent has no legal custody rights. If that's truly the case, then I'd go to the language of the custody order to see whether there are any notification conditions anyway. It's not clear from your question what it is that you're asking about. If, for example, a child has a serious medical condition, even if the other parent isn't entitled to the information, it would seem to me to be common kindness to notify him, but that may not be legally required.
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Q: My daughter's father is 3months late on child supoort...what can i/ should I do about that?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 3, 2017

Assuming that you have a support order, it's likely that the statewide child support system has already recognized that he's three months' behind and sent him notice of at least a compliance conference, if not a contempt hearing. You would also have received the notices. Since it seems you may not have received any notices, I suggest that you contact your Domestic relations caseworker to discuss the matter.
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Q: Current Child Support Order exists. Custodial parent now has no income. Will this cause a large increase in support?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Nov 3, 2017

Perhaps. It depends on the reason why the custodial parent has no income and the amount of income the non-custodial parent has.
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Q: In a child custody hearing, can the x pull up crimial record from 8 years ago on the step parent and it be used?

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

The criminal record of anyone living in the same household as a parent in custody litigation is subject to review by the court. However, only specific crimes are to be considered. The crimes are enumerated in Section 5329 of the PA Child Custody Code. I've provided you with the link . Read it. I would suggest that you read the rest of the attachment as well. If you're being candid about your criminal history, it seems that none of it rises to the level of a crime to be considered in a custody...
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