Questions Answered by Kathryn Hilbush

Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.

Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.

Q: How do i get a copy of my divorce paper? I dont remember what county granted it.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
There is no statewide data bank that keeps track of everyone's divorce decrees. I suggest that you at least narrow it down to limit the number of counties you have contact. Also, sometimes the online search engines have that information but, in my experience, you won't get it without paying the monthly fee.

Q: Separating from cheating husband who now pays child support for extramarital child. Seeking support for our kids.

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Whether your children's support will be impacted by the existence of this new child depends on the incomes of all parents involved. The support rules state " When the total of the obligor’s [your husband] basic child support obligations equals 50% or less of his or her monthly net income, there will be no deviation from the guideline amount of support on the ground of the existence of a new family." That means that if the support order for the third children and your children, without...

Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?

3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Unfortunately, no. That's the legal quagmire that faces so many PFA defendants. They're contacted by the plaintiff and don't know what to do. The answer to that is do nothing, unless you have an attorney who can handle it for you. Your friends and family cannot get involved or you may find yourself facing an indirect criminal con=tempt charge.

Q: I live in Upper Darby, my wife (possibly) in Arizona. We have no children and no property. What are my divorce options?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
I agree with Attorney Boyd. You will file for a divorce in Delaware County. The problem will be in properly serving your wife with the complaint since it seems that you are unclear as to where she resides. I suggest that you start contacting people who may know where she is, such as local friends, former co-workers, and family. Also perform some online searches with the free or low cost search engines available. You cannot finalize a divorce without giving her notice that it's been filed and at...

Q: I received a larger amount for my child support beginning of last month. I haven’t received anything since then. Why?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 10, 2019
Kathryn Hilbush's answer
There's no way to respond to your question here. I would suggest that you call your Domestic Relations Office to obtain an answer.

Q: My daughter was picking up this weekend from her fathers dad. He was passed out intoxicated- can I withhold her from him

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Mar 10, 2019
Kathryn Hilbush's answer
I concur with Attorney Boyd. You cannot just withhold the child because that would be in violation of a court order, unless the child would truly be placed in danger should she go with her father, or grandfather, for her visits. If you truly believe that to be the case, then you'll need to file an emergency petition to suspend the visitation.

Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Answered on Mar 8, 2019
Kathryn Hilbush's answer
You should meet with an attorney in person to discuss this. I'm not sure where a civil rights violation comes into play but I'm sure you'll have more information to present if you meet with someone in person.

Q: Baby’s father gave wrong income during child support hearing, can i do something about it?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 5, 2019
Kathryn Hilbush's answer
I suggest that you consult with a family law attorney to explain what you know. Hopefully it will be enough for the attorney to give you some advice and maybe even represent you in court. It sounds like it might be a stretch financially for you to pay for a private attorney. I don't know if you're in Philadelphia or one of the surrounding counties, but some of the counties have free attorneys associated with their Domestic Relations Offices. Also you can google free and low cost legal services...

Q: Actual custody vs reality; Additional children; Voluntary work reduction

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
1. The court may choose to look at the "reality", but remember we go by the number of overnights, not daytime hours. You may want to consider filing to modify the custody order to reflect what you actually do.

2. Probably not on the new child and most likely not as to your new spouse if she earns income. The obligation for support is between the parents, not any new spouses.

3. It would depend on the reason her hours were reduced.

It would probably be helpful to you...

Q: Am I required to be in a room with my ex wife when theres a PFA in place?

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the child for part of a session upon occasion, however. I'd make sure that the therapist understands that this is therapy for your daughter. On the issue of violating the PFA, to be safe, the PFA should be...

Q: Can grandparents who raised a now 7 yr old child for the first five years of its life be refused visitation rites?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
The grandparents need to consult in person with an experienced family law attorney in the area where the custody order was entered. It sounds like there are quite a few facts in this matter which have not been set forth in your post and, frankly, shoudn't be posted online. However, it does seem odd that the grandparents would only have one hour of supervised visitation monthly. Talk to an attorney in person to discuss the situation in detail.

Q: Im getting married and changing my surname. Will the name of my child in my custody change as well?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
Your child's surname will remain as it it is. If you want to change the child's name, you'll either have to file a formal petition to change name or your new husband can file to adopt the child as a stepparent.

Q: Why would judge order a minor child(4yrs old) to be present at judicial conciliation?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
That's a tough one. Without knowing what the issues in dispute are. it's really impossible to guess.

Q: Hi, my husband has been paying child support with no court order

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
Child support is only retroactive back to the date of filing. Your husband is doing everything right. The best she'd get from filing for support would be an order from the date she files until the child's graduation from high school.

Q: My fiancé’s ex is threatening to take him to court for full custody unless he signs over his rights. Can she do this?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
I agree with Attorney Boyd. Threats of all sorts are common place in family law and few amount to anything when brought before the court. Nonetheless, he should consult with an experienced family law attorney to avoid the possibility of an involuntary termination of his parental rights due to a failure to perform parental duties for a period of six months or more. The fact that she refuses him visitation may not be sufficient to avoid such a termination. The courts expect parents who sincerely...

Q: Our children are 8,7,&6 years old. Children and youth said they had to "temporarily place" them with their grandparents.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Kathryn Hilbush's answer
The act of granting custody to the grandparents will not in itself terminate your parental rights. That's a completely separate action. However, it appears to me that you would be well served to discuss your current situation with an attorney experienced in child dependency law before allowing this matter to progress much further.

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