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Questions Answered by Kathryn Hilbush
2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: I live in Pa. My son, 13, moved in with me in Feb 2018, his mother left and went to NC, he insisted on staying with me.

She nows lives in Texas, and is coming to Pa to take him back to Texas. He does not want to go with her. She insists that hes is going with her with or without his stuff. Shes a drug user, and very unstable. What are my rights? What are her rights?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 16, 2018

You should probably file some sort of custody action but, without knowing what if any orders are in place now, and in what state, it's impossible to tell you more. Please sit down with an experienced family law attorney as soon as possible to discuss your case in detail.

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Pennsylvania on
Q: (ex) husband and I (with my fIL help) built a house. We are now separated. FIL wants to buy the house and charge me rent

my father in law wants to purchase the house outright and charge me rent after I reach the amount I put into the house. I refuse this as I feel even though he helped that this house is mine and my ex's and I should be allowed to stay with our 4 kids (I have FT) or sell and get half the value.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 13, 2018

It depends on several facts, such as did he loan you money and is that loan documented? Is his name on the deed? I'm sure there are a few more questions that will need to be answered when you sit down with an experienced family law attorney. At that time you can also discuss the viability of... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can you get a divorce without your knowledge I live in Delaware
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 13, 2018

That shouldn't happen absent some forgery.

1 Answer | Asked in Divorce for Pennsylvania on
Q: I'm trying to find out in regards to my divorce my ex is in Puerto Rico leave and separated sinc

And now I'm being charged $825 for a divorce master is there anyway that I can get this $825 fee waiver or request just to go in front of the judge because I know my ex will not be there I'm asking is for his name to be removed from my Deed to my property that he has nothing to do with... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 13, 2018

You can file a Petition for in Forma Pauperis if you can't afford the fee. You can also contact your local Legal Assistance office to see if they can be of help

1 Answer | Asked in Child Support for Pennsylvania on
Q: My almost 17 yr old son has been in my primary care since 2009 and my ex has paid child support. My son has recently

Wanted to be at his dads more of the time & felt that was normal. I have zero income and am the full time caregiver for my autistic child who is non verbal & is asthmatic. I rely on my current husband. My toddler has pre school and therapy which I am his transport. My ex recently filed who... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 12, 2018

The custodial parent has the right to request child support. I honestly think you'd do well to consult in person with an experienced family law attorney in your area before the hearing to explain your situation in detail and maybe even get an idea of what a support order against you might be.... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Is a text message admissible in PA family court?

The father has entered paperwork saying he did not consent to son moving out of state but I have a text saying it is ok to take him. I have already moved out of state, when he filled the paperwork saying I left. I had been gone 6months before the paperwork was filed.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 12, 2018

Yes, it is admissible but not binding. You haven't said whether you are in litigation to relocate or you're just thinking of moving. You would probably do well to discuss this in person with an experienced family law attorney.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Aunt has temp guardianship and/or power of attorney given by mother by written notarized consent without notifying dad

Is there legal standing preventing father from picking up his kids since mother is homeless and there are no court orders stating aunt has legal custody nor reliqinquishing parental rights on either parent? Mother has custody due to incarceration of father but father has been out for a year now and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 7, 2018

You need to consult with an experienced family law attorney before you take any action. You aren't certain what sort of authority the aunt has. You apparently haven't seen the children during the year you've been out of prison. Making a radical move such as just taking the children... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can I take my sons father for child support for the years he was incarcerated , like 9 /10 years At the time domestics

Said they couldn’t do anything because he was on the run and then in prison .

He says his sons 18 that he don’t owe nothing . But before he went to prison he was on the run with thousands of dollars before he was caught .

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 7, 2018

If the case is still open, yes, if no, probably not. Contact Domestic Relations to find out the status of your original support case to see if it can be reopened. However, even if it can be reopened, he would not be liable for support for a child who is 18 years of age and been graduated from high... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I overpaid my child support. Now what?

My monthly income decreased by over a third due to a work injury forcing me to take a lesser paying job. I immediately filed with Domestic Relations to have my support order changed the day I started my new job in the middle of June. An agreement for the new support order was made at the end of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 7, 2018

Assuming that the original overpayment had been disbursed to your ex-wife when it was received, the computer record would show the overpayment of $671. The $400 was paid back to you at a time when you were paid in full for the current month and the computer recognized an excess still in the... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If a case is closed due to defendant being legally disabled can the plaintiff refile for support in another county in PA
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 6, 2018

I guess so if one of the parties has some connection with that county, such as residence or employment. I don't see how the case would go far since the defendant's inability to work has apparently already been established.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I'm on child support . The mother of my children moved to p.r with my kids. Is she able to claim support off me still?

And can she move to PR without my consent with my children?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 4, 2018

First and foremost. , no, she was supposed to either get your consent or the consent of the court to move your children that far away. Yes, she can still collect support. You REALLY need to consult with an experienced family law attorney in your area as soon as possible.

1 Answer | Asked in Child Custody, Divorce and Family Law for Pennsylvania on
Q: divorce papers are being drawn up. But wife has kept son from his father for over a month. Is that legal ?

There are no custody papers or orders

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 3, 2018

If the father wants to see his son and the mother isn't cooperative then the father should consider filing for custody. I'd suggest that he consult in person with an experienced family law attorney to get things started.

1 Answer | Asked in Animal / Dog Law and Identity Theft for Pennsylvania on
Q: My son bought a purebred English lab Jun16,2018 she was 8wks old. Very smart. Got along with my American Staffordshire.

We didn't know we were only permitted 1 ADA dog so we ask this couple a week ago to watch her until things changed. Well they did and we were granted permission for her. Now they refuse to give her back. Even though we hold the receipts to her and her akc paperwork.

*it was only after... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 3, 2018

I suggest that you go to your local district court and file a civil complaint, seeking return of your dog.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Good Afternoon ! Heading on a vacation and just recently separated within days. I am going with out him and my child.

Can I be at fault for abandoning my son or leaving home if I'm just going

for short 4 day trip. My name is on mortgage and deed of home.

Thank you

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 2, 2018

No, I don't see how that would be a valid claim. You're just going on a vacation. I do suggest that you consult with an experienced family law attorney as soon as possible, however.

1 Answer | Asked in Divorce for Pennsylvania on
Q: recently separated within days and planned a vacation. Can I be at fault for going ?? We have 1 child together.

I"m not planning on leaving my home or my son. Just taking a trip that's been planned.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 2, 2018

I don't see why you shouldn't go. I assume that the other parent was aware of this planned vacation before you became separated. Just make sure that the other parent understands that you are not moving or attempting to relocate with your child. Do this in writing so there can be no... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Have one job have child support taken from my pay. My hours of work will be changing and might need second job.

Do I need to report second income to demostic relations. I live in Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 1, 2018

Yes. You'll see that your support order requires each of you to report changes in income and employer within, I believe, ten days.

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on
Q: How much do I have to pay total to get a divorce with full custody?
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 26, 2018

That depends on many factor. Those of us on this site are not permitted to solicit clients or quote prices, either in responding to your questions or by suggesting that you contact us offsite. What I recommend is that you call around to local attorneys, meet a few for consultations, and go from... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: When does an inheritance have to be received in Pennsylvania?

What is the longest time...

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 26, 2018

You might want to try again with this question, giving just a bit more information. Are you asking how long you have to wait before you receive something you inherited? That would depend on quite a few factors, such as what it is, is it being divided among other heirs, is it in a form that would... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How to get a DNA Test through the court?

My fiance's ex wife had her kids taken and placed in foster care. He is the assumed legal father since they were married at the time of conception but separated for 3 years. We have filed a Complaint to Disestablish Paternity and for Genetic Testing along with a Notice of Hearing. Since our... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 25, 2018

Sorry but there are not enough facts here to give you any helpful ideas. You don't say what happened with the petition you refer to or how it is that your attorney screwed you. It sounds like your fiance may have acknowledged paternity. If he did, then it may be impossible to reverse that... View More

1 Answer | Asked in Divorce and Domestic Violence for Pennsylvania on
Q: I'm the plaintiff in a PFA hearing and now want it to go away. If I don't show up will I be in any trouble?

x

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 25, 2018

It's never advisable to fail to show up for a court hearing. The better approach is to show up and, if you want to drop the case, tell the judge then. It might be helpful to you to consult with an experienced family law attorney before court to discuss this and the divorce.

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