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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Custody for Pennsylvania on
Q: Does the custodial parent half to get approval from the non custodial parent to sign custody over to someone other than

Does the parent that has sole legal and physical custody of the child have to get approval from the parent that has no custody to sign custody over to someone else that isn't either parent

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 19, 2023

Using only the sparse information provided, I'd say yes, unless the court transfers custody to the third party.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I file a petition to voluntarily terminate my parental rights?

4 yrs ago I was arrested & ejected from my house for terroristic threats. I threatened to execute my ex wife by sticking a butcher knife in the back of her skull while my 5 year old son watched, then continuing on to kill my son, the family dog & myself (I was under the influence of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 11, 2023

No, you cannot. If the child's mother files to have your fights terminated in connection with an adoption, then you may sign a consent to the termination. Otherwise, no.

1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I recently filed a petition for a permanent restraining order. Can my lawyer attend the ex parte hearing without me?
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 15, 2023

Assuming that the restraining order you refer to is under the Protection from Abuse Act, no, you have to appear as well.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I reopen my divorce to ask for more retirement income. Divorce was in 2005.

I received part of the pension which was put in an account until he retired about 3 years ago. I get $400 but I don't think it is for the rest of my life as they took out a lump sum out of the pension.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 31, 2023

It's probably not likely but the way to find out is to take your settlement agreement/order from your divorce and a copy of the QDRO to an attorney who practices family law in your county for a private consultation.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: If my son files for custody can he get his daughter out of foster care due to the mother's negligence?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 20, 2022

To do so can be rather complex and he really needs to consult privately with an attorney familiar with dependency cases. The rhetorical question that occurs to me is why he didn't take action when the dependency case was first filed.

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 15, 2022

In PA 50% -60% of your disposal income can be taken for child support, depending on whether there's one or two families. So, as you can see, your second family was essentially take into account in your order.

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1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I have a home with 30 % equity and wanted to give the house to my wife when I file for divorce

I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Custody agreement question in Pennsylvania.

If there is an agreement, and both parents decide to make changes to it, and follow this for a year, can one parent deide suddenly to go back to the original order because a petition was filed for a modification?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

Yes because a court order also overrides an agreement. However, you can always attempt to present the agreement to the court as evidence of what the two of you had been doing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 21, 2022

"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My childrens father is deceased. How would my spouse go about adopting them?

Father passed away last year, my spouse wants to legally adopt them as they have been in my childrens life since day one and they know them as a parent. We would also like all of our last names to match. How would we get this done?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 26, 2022

You can file for a stepparent adoption. You should consult with a local attorney familiar with adoption procedure in your county as, while the state rules are consistent, each county has it's own ways of doing things.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex husband is asking me for my covid 19 results, is that against my HIPPA rights?

I was exposed to covid at work and had to take a test. My test came back negative and now my husband is asking me for the results. Do I have to show my ex husband my results, since we co patent our 6 yr old son? Or is that against my HIPPA right ? We live in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You can waive your HIPPA rights and I see no reason why you wouldn't want to share your negative test results with your child's father with whom you co-parent.

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can my ex use the fact my boyfriend and I had PFAs on eachother to not allow child around him?

We lived together for 4 years and her father hated that my bf was there when he wasn’t around. A few days before Christmas we got in a heated argument over money and expanding our family. Since my daughters father fails at paying support on time financially it was straining us to begin our lives.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You really need to consult with an attorney and probably a therapist as well. It is difficult to understand why you would still be with someone who said those things to you. Whether the judge will determine that the boyfriend shouldn't be around your daughter, I can't know but I would... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: i receive child support and on the website it states he is decertified from federal intercept what does that mean?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 17, 2021

While I'm not familiar with the actual term, it seems pretty clear that the amount of arrears that he owes on the support order has either reached zero or is at least below the amount which would subject any federal income tax refund he is entitled to receive from being intercepted to pay the... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Do you need to be married for a very length of time to split assets like savings, and 401k?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

No. The proportion of the division of assets may be different for a very short marriage but the general rule is that if the asset was acquired during the marriage, it's divisible between the parties.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I took less child support then what was estimated can I go back for the difference if I'm still struggling

I was told $276 a week but agreed on $200 but I'm still struggling to support my son how soon can I go back to request the full amount

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

You can go back to ask for more based on the support guidelines. There's no time frame before which you can't file but I would expect that you would have waited at least a month or more

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