Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kathryn Hilbush
1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: If I put a pfa on my child’s father , who’s now incarcerated could I get in trouble for reaching out to him ?

It was a no contact order and I’m in the process of trying to have it withdrawn

Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2020

No, not unless the PFA restricts you from contacting him. Ordinarily, the order only restricts the defendant from contacting the plaintiff, you.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Is violating the PA Governor's stay at home order sufficient grounds to file for full custody of children?

My wife and I have been separated for 7 months. She has been in a relationship with another man for over 9 months. We have two children and do not have a signed agreement for anything yet. It is all being put into the divorce agreement. My wife had not brought this other man around our children at... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 25, 2020

It's hard to know. Many judges are not looking happily upon people who they think are trying to use the stay-at-home order to their advantage in custody cases. On the other hand, you can argue that she's endangering your children. Your best bet is to speak about your options with an... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: A friend daughter her father lives in Ny her mother lives in pa they have a court order should she vested him on lockdo

She dose not want to go there because of the virus she is 10

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 25, 2020

Her parents are going to have to work it out, maybe with the help of their lawyers. Court orders are supposed to be followed but there may be reasons why she shouldn't go to NY right now, but it will not be because she doesn't want to go. She's 10 and doesn't get to make that sort of choice.

1 Answer | Asked in Family Law for Pennsylvania on
Q: is there anything I can do about my granddaughter being abused?

Hi my name is Tammy and I have a granddaughter who is in an abusive home and I’ve contacted child services several times and it’s like they don’t care, the mom had her older son removed because she let him be abuse for 2yrs and did nothing about it, she got with my son and when child service... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 20, 2020

It appears that you're anticipating that the mom will abuse your granddaughter, not that it's happening now. I suggest that your son consult with an experienced family law attorney to discuss filing a complaint for custody. Also, as an aside, please never post identifying information on... Read more »

1 Answer | Asked in Family Law and Adoption for Pennsylvania on
Q: Can I legally use my birth name 20 years after an adoption?

I feel that my identity was ripped from me from the age of 5 when this happened (20 years ago). I have multiple birth certificates and a SS card with my brithname on it. Would it be legal to use or would I have to go through the name change process?

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 16, 2020

If you were adopted and your name was changed as a result of that adoption, you'll need to go through the name change process to change your name to your birth name.

1 Answer | Asked in Family Law and Identity Theft for Pennsylvania on
Q: My ex-wife continued to collect and sign my ssi benefits for 10 months while I was incarcerated - what charges for her

What kind of charges can I file against her? She is now withholding my Stimulus Money because she also signed my name to her tax return and the bank account it was deposited into is hers. We have been seperated since Dec. 1, 2017.

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 16, 2020

My first question to you is - is she actually your ex-wife? Are you divorced? If so, and she did all this after your divorce, she's got some legal issues. If you're not actually divorced, she may claim that you instructed her to file a joint tax return. On the SSI checks, I'm... Read more »

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: I have decided to sign over my parental rights as my son will be adopted by the mothers husband.

They have agreed to this. What is the best first step?

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 15, 2020

They'll need to file paperwork with their county's Orphans' Court. You will sign a very specific agreement to voluntarily terminate your parental rights. They really should retain an attorney experienced in adoptions to shepherd the case through the system.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My sons father and I have 50/50 custody but he has only seen him for 4 days since 2020 has began. Did he break the orde

My sons father and I have a court ordered agreement that states we have 50/50 custody but my sons father has only seen him for 4 days since 2020 has begun. Does that mean he broke the court order and does that give me enough reason to petition for a custody change. His father lives in another state... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 14, 2020

He certainly didn't have him for 50% of the time so far this year according to your post, but without being able to actually read the order it would be difficult to know whether he"broke" the order. I suggest that you discuss the situation with an experienced family law attorney in... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can I petition the court for more child support/extension due to making no money during covid19 and my ex makes more?
Kathryn Hilbush
Kathryn Hilbush
answered on Apr 12, 2020

Sure. Don't forget that, if you're receiving unemployment compensation, that will count as income. Assuming that your local Domestic Relations Office is closed to the public, you'll have to try to do it online. Try this link... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: In Pa. does child support lower after the eldest of 3 children turns 18 and graduates high school?

There are 3 children 14, 16, and 18. I was told by my attorney that the child support would remain the same amount even after the eldest child turned 18. I do not understand why my child support would not lower after graduation of the 18 year old. She is not attending any schooling after graduation.

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 12, 2020

You are entitled to obtain a second opinion about this issue, but you're to have to do it by way of an actual consultation with an attorney. During this shut-down, many attorneys are offering telephone and even video consultations. Often child comes off the order, the parents' financial... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: The custodial parent hasn't lived with the child in months. Can I get custody?

Just found out. I have proof.

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 12, 2020

Perhaps. An awful lot of additional information is needed to respond more fully and, even then, you're going to find that none of us online are going to give you a definitive response. I urge you to contact an experienced family law attorney to discuss the issue. Many of us are doing phone... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: I'm married but separated and got $2400 for stimulus check do I have to give it to partner?

Sorry not separated legally

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 12, 2020

I would say yes because $1200 is for each person according to what I understand the purpose behind this disbursement to be.

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

1 Answer | Asked in Child Support for Pennsylvania on
Q: How do you report non payment of child support for over 2 months?

Noncustodial parent changed jobs, didnt report, so I filed for reevaluation. Over 2 months non payments now.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2020

Contact the Domestic Relations Office managing the support case

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can i put my kids in protective custody when mu ex leaves the 15 and 10 yo has heart defects? Home alone overnight

The ex has a tendency to lesve the kids home alone friday nights no babysitter with alot of men i do not know or trust knowing they are typically home alone without her there at times. Its a safety concern she refuses to listen to and always tells me to its my life dont tell me how to live it.... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2019

You should discuss this situation with an experienced family law attorney. If the circumstances are as you say, there are several options. Talk to an attorney in person please.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My daughter was adopted 3yrs ago I terminated my rights is there any way to get her back

I'm trying to find any lawyer that will give me so hope about this or tell me there is no way to do so

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2019

Under most circumstances, an adoption is final. I suggest that you gather all of you paperwork and then seek out the advice of an attorney who pretty mush specializes in adoptions. try doing an internet search for one in the Philadelphia area and then call to find out if he/she seems like one who... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Ex died, have marriage agreement and quadro signed before he died for 50 percent of retirement. I am alternate survivor

How do I file to enforce quadro order if ex died

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 16, 2019

Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled... Read more »

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: If I have just been granted sole legal and physical custody of my children how do I get them?

A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

The best approach would be to try to do this without the police and contact her. She may not have been served with the order so see what you can do to get it into her possession. I suggest that you not be too aggressive or threatening about it. In the least, try to find out where the children are.... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Mother gave Father full custody now he might be arrested. What happens to the kids?

Mother gave Father full custody based on a verbal agreement that he would take them and go away. This was her attempt to get away from him and his abuse of her. He has not gone away and is continuing to do things that he might be charged for. He is already on probation that includes no contact with... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

If Father is incarcerated and Mother is unwilling to step up to the plate and take care of their children, then, unless a suitable family member is located, the children will probably go into foster care.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.