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Questions Answered by Kathryn Hilbush
2 Answers | Asked in Family Law for Pennsylvania on
Q: My daughter was picking up this weekend from her fathers dad. He was passed out intoxicated- can I withhold her from him

Police were called and ambulance.

Daughter had to let me in she was crying and upset.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 10, 2019

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... View More

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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

it resulted in a domestic dispute and ultimately my arrest for 13 misc pending charges.

§ 5324. Standing for any form of physical custody or legal custody.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 8, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Baby’s father gave wrong income during child support hearing, can i do something about it?

This is happening in Philadelphia,Pa. i just had our hearing. Im part time (sometimes 5-10 hours a week). I know for a fact the father makes over $13/hr (he actually said he makes 15/hr) and he works Mon-Fri (occasionaly the weekend as well). He is a subcontractor (so no pay stubs, direct deposit).... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 5, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Actual custody vs reality; Additional children; Voluntary work reduction

1. The original order granted 50/50 custody. However, for the past several years custody has shifted to 57/43 with me (the payor) having the children more. Will this be considered in the upcoming child support modification or is it always based off 50/50 despite the reality?

2. I have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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...
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1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Pennsylvania on
Q: Am I required to be in a room with my ex wife when theres a PFA in place?

My ex wife has a pfa against me, we live in the state of PA and share week on week custody of our children. Our daughter is seeing a therapist once a week. The mother had been absent from their lives for the previous 8 months & suddenly came back into their lives. Our therapist is now stating... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can grandparents who raised a now 7 yr old child for the first five years of its life be refused visitation rites?

Mother and father divorced, father and child lived with fathers parents for 5 yrs. Mother out of the child's life for those 5 yrs. Mother remarries a female active duty military person. Gains custody of the child, grandparents reduced to one supervised one hour visit monthly father signed a... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Im getting married and changing my surname. Will the name of my child in my custody change as well?

Or would approval be needed from biological dad? We havent seen him since 4 year old child was 2 month old and dont know whereabouts and cannot find contact with him

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Why would judge order a minor child(4yrs old) to be present at judicial conciliation?

Judge canceled generations and ordered judicial conciliation with child present.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

That's a tough one. Without knowing what the issues in dispute are. it's really impossible to guess.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Hi, my husband has been paying child support with no court order

His son is 18 and he is still paying until he graduates in June. His ex is mad and said she is taking him for back support. How is that possible when he has paid every month for 17 years... by check- on what she asked for??

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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.

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2 Answers | Asked in Child Custody for Pennsylvania on
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?

My fiancé’s ex wife constantly denies him visitation with his daughter. She claims that he neglected her when she was 3 months old, but she never pursued a child neglect or abuse case. Can she threaten him to sign over his rights?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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... View More

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2 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: I have a 17 year old brother who is abusive and completely refuses to listen to my parents rules. Can they kick him out?

He will be 18 in 3 months. He is completely disobedient, defiant, manipulative, you name it. My parents are on the verge of a mental breakdown. He is bipolar and refuses to take his medication. He is constantly lieing about where he is and what he is doing. I personally fear for my parents lives.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

Attorney Boyd has given you excellent advice.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Our children are 8,7,&6 years old. Children and youth said they had to "temporarily place" them with their grandparents.

This was only supposed to be for 6 months, which is over in march. All our parental rights were never terminated, and they say we stiil have legal custody of our children. Now they say they want to give custody to their grandparents. If we agree to give custody to grandparents, will our parental... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If someone files for child support does it go retroactively back to birth or does it start from the file date?

Custodial parent lives in PA. Non custodial parent lives in NJ. Child support would be filed in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

It does not go back beyond the date of filing.

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Will calling CPS on my ex for physical abuse affect my custody case?
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

I wholeheartedly agree with Attorney Boyd. Please pay attention to her advice.

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 3 yr old daughter's biological son is now deceased and I have remarried. My new husband wants to adopt her.

If he legally adopts her, does the grandparents on the deceased father's side still have visitation rights. My daughter has only met them a few times and doesn't know them. I really don't want my x's family in our lives at all. They live in NC.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

I agree with Attorney Boyd.

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1 Answer | Asked in Civil Litigation and Family Law for Pennsylvania on
Q: I am looking for a case which happened between the years of 2014 and 2016 in Puerto Rico. How do I obtain the records?

It was between me and the mother of my son.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 24, 2019

You would contact the court house in the jurisdiction where the case took place in PR. Not having any more information, I can't suggest what are of the court you would want t start with.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: What decides whether you are the custodial or non custodial parent? My child spends over 50% of the time with me.

I am being taken to court for child support however my child resides with me and goes to school in the county I reside in.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 20, 2019

If you have a court order for custody that should specify the periods of time when you have your child with you. If you don't have a court order, then you're going to have to demonstrate to the support court that the ch hild spends at least 4 overnights with you weekly, or 8... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can I ask for a support case to be changed to the county I live in and the county my child resides and goes to school in
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 20, 2019

I believe you already asked a similar question on this site or another legal inquiry site. You can certainly try but without more information I can't give you much more guidance. I will give you the relevant PA procedural rules to read and then, if you want to try, either speak with your... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Does it matter where the child goes to school in a custody case? Child goes to school in my county not moms

I believe support case is in wrong jurisdiction. It should be in the jurisdiction where the child attends school

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 19, 2019

A support case can be he;d in any of the following venues:

(1) the county in which the defendant resides, or

(2) the county in which the defendant is regularly employed, or

(3) the county in which the plaintiff resides and that county is the county in which the last...
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1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?

Hello, I had some questions regarding to Social Security. My father had passed away years ago an I had been given a death benefit check. I'm currently 17 years old as of December 9th, of 2018 and pregnant, and I haven't lived with my mother in years. Yet she still collects the check for... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 15, 2019

Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your... View More

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