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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Divorce for Pennsylvania on
Q: What kind of plan should I have in place prior to divorce filing? I'm concerned how he will react and for children?

I have been told I need to have a plan in place prior to filing the divorce. I am worried about how he will react with me (i.e. tell me to leave right away and I'm not sure where I'm going yet), and also think that if he does tell me to leave, he will insist that the kids stay behind.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

Whatever plan you need will be tailored specifically to your own situation. Honestly, there is no generic advice for this. I strongly urge you to consult with an experienced family law attorney in you area to discuss your circumstances and options.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Ex husband won't respond or bring my son home. Please help.

Dad was in jail majority of 4 yrs after I ran away from his family for stalking me and threatening to keep my son while dad was in rehab. Dad kept viol. Prob. Our son liver w me all those yrs. No help. No support. He has mental issues. School prob. Dad and gf told him he doesn't need it and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

If you have a custody order granting you primary custody, the local police might assist you in obtaining possession of your son, if you want to go that route. I'm rarely a fan of doing that, though. It can be very upsetting for the child. Your better choice is to file a custody petition. You... View More

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2 Answers | Asked in Family Law for Pennsylvania on
Q: Filing Motion to Request to Take Children Out of Country

A judge in PA issued a temporary custody order which included that neither my ex nor I could take the children out of the country without written mutual consent of both parents or an order of the Court. My ex refuses to even discuss the idea with me and I am trying to ask the Court to intervene.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2018

Try the county law library. You can't learn to practice law by googling. Or, here's a novel idea, retain an experienced family law attorney to prepare the motion for you.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: My ex had to go for child support due to signing up for cash assitance through welfare.

There was a child support order put in place. But now we want to settle it out of court. Can she have child support dropped without going to court?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 11, 2018

Not if she's receiving cash assistance

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can Domestic Relations use my W2 as my income for a support case modification rather than my weekly check?
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 11, 2018

At this time of year particularly, DRO usually uses a year to date figure from your weekly check. However, if there's an argument that you can earn more, or that you receive bonuses or extra money, they will certainly at least look at your W-2.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Does child support include driving expenses for a 16 year old including DMV fees and insurance?

Child is 16 in dads custody and dad gets child support but every little thing that comes up mom tells the child that’s what she pays child support for. Dad planned to pay mom back for the $35 permit fee since she was able to take him before he was but she’s throwing a complete fit about having... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 11, 2018

Having a driver's license is not a right, it's a privilege. If mom wants him to drive, then she should pay for the expenses related to it or take dad back to court to get a contribution from him if the court sees fit to order it. Now, on the practical side, if dad agrees that the child... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: How does support paid to another child impact my support claim?

I have been divorced 5 years but never filed support. He paid me informally for a while but has made no regular payments for 3 years now. After we split he had another child and pays support to the mother. If I now file will the support I get be impacted by what he pays for the child he had after... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 10, 2018

If the total of the two support basic orders, before adjustments for child care, etc., exceeds 50% of his income then

the court may adjust both orders.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My ex just took me for child support four days ago. A child support order was entered.

Now we have decided to do it outside of court. Can she just drop the child support without going to court?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 10, 2018

Yes, if DPW is not involved. She should contact Domestic Relations to find out what they need.

1 Answer | Asked in Animal / Dog Law and Family Law for Pennsylvania on
Q: How do I get my emotional support dogs back that were wrongfully adopted out and I was refused the right to see them ?

Do you know of a good Attorney in Philadelphia that can help me?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 8, 2018

I'm afraid you're going to have to be a little more specific in your question? Were they taken to a shelter by someone? Were they stolen from you?

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am an 18 year old high school senior in pennsylvania can my parents are trying to kick me out of the home
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 7, 2018

They can. Once you become 18 they no longer have a legal duty to support you. It might be a wise idea to start following their rules before it's too late.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My daughters mother and I were never married we were teen parents

She has 4 children (1 mine “ now ten” , 1 adopted, 2 other birthed)

I have another child with my wife.

Would all her children and my child be factored in how much support she would receive from me ?

Also both of our spouses work , would their income also be factored?

Pennsylvania

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 7, 2018

In the supprt case between you and the birth mother, the only child to be considered is your joint child unless the basic support order for that one child exceeds 50% of your net pay. No, the incomes of your spouses are not relevant - only you and the mother have a obligation to support your child.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: I’m The Materal grand mother of 3 children. Ages 11 boy, 9 girl, and 2-1/2 yr old girl.

Mother is in prison and will be gone 7-1/2 to 15 yrs and I took full responsibility for the grands, baby was 3 months old when her mom left. The father of her has been in and out of jail, and doing crack. Got tested and they still gave him rights to see her. He claims after a year he is... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 7, 2018

Perhaps. I know that's hard to hear but it's hard to predict. I suggest that you strongly consider having an attorney represent you in court. I'm going to venture a guess that the judge won't think its time yet to turn the little one over to dad but judges are unpredictable. The... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My x girlfriend is pregnant with my child. Can she offer our child up for adoption if I’m willing to raise our child?

She told me that she terminated the pregnancy and I have reason to believe she is still pregnant. She will not return any calls. I don’t want my child to be offered for adoption.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 6, 2018

The law requires the biological father's rights to be terminated, either voluntarily or involuntarily, before the child can be placed for adoption. Obviously then the question arises - what if she says she doesn't know who the father is? Good point. I'd try to keep eyes on her... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Child custody. Getting kids taking away from father

Father lives in a one bedroom apartment and gets two boys every other weekend. They all sleep in same room but different beds. Can i get kids taken away from him?

Past two weekends the youngest (3) came back with allergic rash on hand. The father says he is trying to figure out what he is... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 6, 2018

Probably not. There's actually nothing wrong with everyone sleeping in the same room and it's a plus that they each have separate beds. This is just weekend visits, not full-time housing. As far as the rash goes, people break out in rashes often. That's not necessarily an indication... View More

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: Should i file for emergency custody for my kids? I dont want to put them in a worse situation.

My kids are with their mom and she has a boyfriend living with her that is a drug addict. I want to file for emergency custody but i also have just had some misdemeanors dealing with a small amount of weed and driving without a license. I have a job but im currently looking for a better one. I’m... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 6, 2018

In my opinion, you really need to run this situation by an experienced family law attorney in your area before making any moves. In an office conference the attorney can sort through all the facts and then discuss with you the pros and cons of filing. But first, the nature of your own situation has... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: What are the steps I need to follow to move my children out of state? I want to move from Pennsylvania to Connecticut.

There is no custody agreement put in place. We split up 2 years ago and since then they stayed with me and went with him on every other weekend. He saying I can't move with them. We are moving because I'm engaged to be married and my fiance got a management job offer in Connecticut. It... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 5, 2018

You're going to have to follow the procedure set forth in Section 5337 of Title 23. I've attached the link. I strongly urge you to engage the services of an experience family law attorney to get you through this.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM

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1 Answer | Asked in Family Law for Pennsylvania on
Q: Can children and youth mainly keep a child away because father has mental illness?

CYS want to terminate us due to that my husband is mental illness has a good job but has trouble receiving his meds to to long hours at the job and believe he unstable due to last issues with jobs and bills unpaid like rent

But now we have paid bills rent being paid back still few more... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 4, 2018

It sounds to me like you really need to involve an attorney in this at this point. It's hard to know all the facts which may have lead yup to a decision to keep your kids in care but I believe an attorney working for you can assist you in getting some of this cleared up and help you understand... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: My ex husband quit jobs, moved from state to state never paid support. The court terminated the order. Can I sue?

The court terminated the order before he was 18.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 4, 2018

Who do you want to sue? I suggest that you take this matter up with your local Domestic Realtions Office. They would have notified you in advance of their decision to terminate the order and given you the opportunity to object to that determination and have a court decide.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: If a father relinquishes his parental rights is he still responsible for child support?

Is there a waiting period after signing the paperwork to change the mind?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 4, 2018

Is the father just giving up his rights to custody? If that's what is happening, it's not binding and he can change his mind if and when he chooses. The only way parental rights are permanently relinquished is if the rights are terminated voluntarily or involuntarily by the court in... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Is a father still responsible for child support if he signs over custody to the mother? The father does not want to pay!

The father does not want to pay child support anymore!

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 4, 2018

Yes he is unless the mother relieves him of his responsibility to pay. A parent cannot just sign over custody of a child to get out of paying child support. It just doesn't work that way.

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