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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
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
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... View More

Kathryn Hilbush
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... View 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
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
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
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... View 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
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... View 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,... View More

Kathryn Hilbush
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
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
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... View More

Kathryn Hilbush
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... View 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
Kathryn Hilbush
answered on May 26, 2019

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

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How long around, would you say judge would grant residential custody. (I still share custody) I’m her mom

My daughter and I were homeless. Her grandma and I have a court order where she has residential and I share custody also. The judge said once I have my own place and car, I can have her back. That was when she was 4. Now she is 6. I talk to her and see her. Since it’s taken me longer than... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2019

The way to obtain reliable advice, I'm afraid, is to meet in person with an attorney. there are so many questions to which we'd need answers and you cannot provide them on the internet. Make an appointment with an experienced family law attorney to discuss what your current situation is... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: my exs child turned 18 and he pays support every 2 weeks it's not court ordered but now that she's 18 doesnt it stop?
Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2019

Has she been graduated from high school? If so, he should file to vacate the order.

2 Answers | Asked in Child Support and Divorce for Pennsylvania on
Q: HI, I want to get a divorce from my husband. How would I go about that? I live in pa and he lives in Broome ny.

I been here only a mouth and a half. He wanted this and won't do nothing about it. We have 2 kids which I have and he don't pay child support.

Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2019

I agree with Attorney Boyd. In order to file in PA, you'll need to have lived here for six months. Do yourself a favor and take the time to consult with an experienced family law attorney to learn your rights and options before doing anything. You should do so as soon as possible as it may be... View More

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: I heard from someone that if the parent has no contact within six months that they can lose their parental rights?

I have full physical custody and he has partial.

Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2019

I agree with Attorney Hall. Failure to perform parental duties for a period of six months or more canbe grounds to terminate parental rights, but almost always that would be in conjunction with an adoption petition. You should meet with an experienced family law attorney to obtain more information... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: I was divorced in Colorado. Father has never pd support and son/child is no grown. I was afraid of ex and never pursued.

How would I begin to collect for arrears?

Kathryn Hilbush
Kathryn Hilbush
answered on May 18, 2019

I'd say fist contact the Domestic relations Office for the county where the order was entered and go from there. If the order was sent to another county or state for enforcement, they should have that information. If the case was closed, you may have to consider getting an attorney involved.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I was recently told that a child, younger than kindergarten age , can not stay overnight with the father?

the parents were never married and now are not together. the little girl is just turning 1 years old and been with the mother solely up until this point. the father also has a record when it comes to underage children that he needed to be supervised with his other daughters.

Kathryn Hilbush
Kathryn Hilbush
answered on May 18, 2019

It's not true that, as a general rule, young children may not stay overnight with their fathers. However, if either parent has a criminal or abuse history which suggests that he or she may pose a danger to the child, the court will likely order supervised visits.

1 Answer | Asked in Child Support for Pennsylvania on
Q: As custodial parent I didnt report a increase of hourly pay. Will I have to pay back money
Kathryn Hilbush
Kathryn Hilbush
answered on May 18, 2019

Probably not but there's no way to predict what the courts will do. Generally speaking, a modification of a support order does not become effective before the date until the request for modification was filed. However, as you apparently are aware, the support order requires all parties to... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How can I obtain court records from a custody case in Pennsylvania?

I only have the names of the two parents and the three children involved in the case and would like to access court documents of this case for free if possible.

Kathryn Hilbush
Kathryn Hilbush
answered on May 18, 2019

It depends on whether the records are sealed. You'll have to contact the court house for the county where the custody action occurred and inquire. I doubt that, if the records are not sealed, you'll be able to obtain copies at no cost. There will likely be a per page copying fee of at... View More

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