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My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... View More 
answered on Aug 14, 2019
You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that... View More
My daughter's bio father has not seen her/spoken to her in 7 years.
answered on Aug 12, 2019
This would be a stepparent adoption. You'll have to file the appropriate petition to terminate his rights and submit the correct document signed by him. And you'll have to file a petition for adoption along with all the necessary forms and documents. You'll probably have to learn... View More
He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no... View More
answered on Aug 10, 2019
Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by... View More
answered on Aug 10, 2019
I assume because your listed your location as Pottsville your question went out to PA lawyers, but you'd have to ask this question of a VT attorney. Perhaps you can change your location to VT?
answered on Aug 9, 2019
Yes. The receipt of Social Security benefits is taken into consideration when the support order is calculated.
that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... View More
answered on Aug 31, 2019
While I agree in principal with Attorney Galloway, I strongly urge you to find a way to retain an attorney to represent you. That would seem to be the only way you'll be able to address this issue with the court and get some relief from paying the spousal support. If you're unable to make... View More
The father of my child and I did agree on custody visitations a few years ago and we did go through attorneys to get a court order. We are looking to modify the agreement but would like to keep the attorneys out of it; and still have our agreement filed in the court. Can we do this and are there... View More
answered on Aug 1, 2019
You can modify a court order by entering into an agreement in a form acceptable to the court, signing it, and then submitting it to the court for approval. I do not recommend these DIY projects because it seems something is always done incorrectly but, if you're set on trying to do it without... View More
I have a divorce question. My ex wife and I separated in March of 2017 and divorced in July of 2018. We had only one car that was in my name and was gifted to me after my father died. She was in need of a car for commuting, and since I was moving to NYC at the time and wouldn't need a car, I... View More
answered on Jul 31, 2019
Based only on the information provided, assuming there is no property settlement agreement or court order giving her the car or dividing the value of the car between you, it remains your car.
I was just notified by domestics that her father was approved for SSI/ disability and i can schedule a hearing for arrears. Is that money paid to me or my daughter( who is now an adult) ?
answered on Jul 24, 2019
The past-due child support is owed to you. If you want her to receive it instead, you can sign paperwork to allow that to occur. I suggest that you let him pay you and then you can give it to her if you feel it's appropriate. These child support arrears are for all the years you took care of... View More
However her atty. Has reached out to settle before court. How do I respond to the request in legal terms to 1. Deny the false alligations without sounding overly defensive and 2. Kindly propose the agreement that my ex and i agreed upon. 3. They mentioned mine and my first wifes highly litigeted... View More
answered on Jul 24, 2019
There's no way to appropriately respond to your inquiry without having all the facts and having read the pleadings. You'd do well to consult with an experienced family law attorney rather than trying this as a DIY matter.
wife. I also have another child with another ex.
I pay child support for 4 of my 6 six kids. the other 2 I reside with along with my wife.
the mother of my 3 oldest kids recently got a job after 10 years of being on ssi. and my oldest just turned 19 nad is in college. the money... View More
answered on Jul 23, 2019
I suggest that you gather all of your paperwork and sit down with an experienced family law attorney to discuss what, if any, action you should take. It's really not possible to guess whether it would benefit you or not to go back to court because we'd need more information than you can,... View More
Both names are on the deed but she paid off the mortgage and all property taxes for 35 years
answered on Jul 23, 2019
If your mother's name is on the deed he cannot legally sell it without her agreement or, in some cases, a court order pursuant to say, a divorce action.
He has his own place and hasn't been living at my address for over 2 1/2 years. His name is on the deed also.
answered on Jul 18, 2019
Maybe. There's a lot more information needed to give you a well reasoned answer. I suggest that you schedule a consultation with an experienced family law attorney in your area to explain the entire situation to her/him.
I received paperwork for a court date and in the paperwork it is stating that all of my children are to be present but my 17 year old daughter is refusing to go what do I do and can I be held responsible if she still refuses the day of court
answered on Jul 18, 2019
Tell your daughter there's a court order requiring her to attend and if she doesn't the court may punish you as the custodial parent for not having control over your child. If she doesn't want to say anything when she gets to court, that's a whole different story.
answered on Jul 16, 2019
You're entitled to payments commencing the date you filed so, if you didn't file until recently, you won't be entitled to back support beyond your filing date.
We just had an order put into place in the beginning of June because he went for a modification. Instead of appealing it since he didn't like the outcome he applied for another modification in July.
answered on Jul 16, 2019
He can file as often as he likes. At some point the court may award you counsel fees if it you have an attorney. If yoiu don't, I suggest that you retain one.
They are threatening to go to domestics because they are evil and aren't happy with themselves and constantly text and harrass me everyday for whatever they can think of to mess with me.
answered on Jul 8, 2019
it would probably would be too soon to obtain the information but usually the notices of a hearing date go out within days after the case is filed.
dad stated he has bad sezuires doctor stripped his licence but he went to the hospital for ans now he wants me to take my son to him back and forth up to octover hes not on any medication . And he said his he cant control his sezuires and they are bad enough that he cant remember anything and... View More
answered on Jul 5, 2019
You need to consult immediately with an experienced family law attorney. We cannot advise you to violate a court order but, depending on your discussion with an attorney in person, you may be justified in holding the child back if there is a serious risk to him being with his dad right now.
My niece has a custody decree under which she has sole custody of her daughter as long as she is not getting public assistance. Does Medicaid constitute public assistance?
answered on Jul 4, 2019
I wouldn't think so but, not being able to read the document or being privy to the negotiations/deliberations which resulted in the order, I can't be certain.
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