Questions Answered by Lisa Marie Vari

Q: Can a parent take your child out of state against your will if there is no custody agreement set up through the court

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 7, 2018
Lisa Marie Vari's answer
Legally, no. In Pennsylvania, a parent considering moving with their child(ren) must give formal notice to the non-relocating parent. The non-relocating parent may object to the move. If he or she does object, the court will intervene. A hearing is then conducted in a Pennsylvania court. The purpose of this hearing is to determine whether the parent is permitted by the court to move their minor children.

Please feel free to read my blog on relocation, linked below....

Q: If a parent gives up rights to the father and has certain days shes to see child, do we still go through with filing?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 7, 2018
Lisa Marie Vari's answer
If you are able to come to an agreement, you can file a consent order through your local court outlining the visitation schedule. This is not a necessary step if there are no custody disagreements between yourself and the child's mother, but if you foresee any conflict with her it wouldn't be a bad idea to already have an order in place.

Please feel free to visit my website for more information on filing for custody in PA:...

Q: My child's mother is mentally unstable and I have proof,I want full custody how do i go about doing so?

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Answered on Feb 7, 2018
Lisa Marie Vari's answer
To start you must figure out which state has jurisdiction over the matter.

Jurisdiction is usually proper where the child has been residing for the past 6 consecutive months, so it sounds like that may be New Jersey in your case. If so, you will need to file for custody through the New Jersey courts and all matters will be litigated there unless they relinquish jurisdiction.

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: I am currently in Pennsylvania my daughter is 9 years old, Her father is in Puerto Rico I left when she was 1 years old

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 7, 2018
Lisa Marie Vari's answer
In custody court the judge will look to the 16 custody factors and decide what is in the best interest of the child. Included in those factors is the abuse of alcohol or drugs, so his history will be considered in a custody case. He will likely be entitled to some kind of relationship with your child; the question is whether you have sufficient evidence to prove you believe he may be harmful and therefore limit his contact to supervised visitation. That being said, it is also common for the...

Q: When does i stop paying child support my child will be 19 on feb 6 2018 in 11 grade and being home school. Please help

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 1, 2018
Lisa Marie Vari's answer
In Pennsylvania, child support is generally payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. A support obligation may continue, however, when a child has special needs.

You must file a request for a hearing to determine if modification of the support order is appropriate. Until a petition for modification is filed with the family court and a new court order is entered, the parent paying support is required to continue making...

Q: How long after giving birth , will I be able to file for child support in Pennsylvania?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 1, 2018
Lisa Marie Vari's answer
You can file at any time after the child is born. Support payments are retroactive to the date of filing, so generally the sooner you file, the better.

Please feel free to visit my website for more information on filing for child support in Pennsylvania.

https://www.pafamilylawyers.com/Child-Support/PA-Child-Support-Office.shtml

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: Hello i just found out my daughter is pregnant do i still have to pay child support for her.

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 1, 2018
Lisa Marie Vari's answer
In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. The fact that she is pregnant does not negate your obligation to pay child support.

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: No property division during divorce v2.0

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Answered on Feb 1, 2018
Lisa Marie Vari's answer
It all depends on what the deed says. If their name is on the deed, they are still part owner of the home. The fact that you have been living there and paying the mortgage etc. is irrelevant. Conversely, if their name is only on the mortgage and not the deed, they do not own any interest in the home (but are still on the hook financially to the lender).

Equitable distribution, or the division of marital assets and debts in Pennsylvania must be completed prior to the entry of a...

Q: Can I request for child support modification if my son turns 18 in September?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Feb 1, 2018
Lisa Marie Vari's answer
In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. So even though your child is turning 18, the support obligation will not be terminated if your son is still in school.

In any event, you may file for a modification anytime there has been a change in circumstances (e.g., father's increase in income). Also important to note is the fact that a support modification will only be retroactive to the date...

Q: No custody order, trying a parenting plan, will the court take it into consideration?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Jan 19, 2018
Lisa Marie Vari's answer
Presuming he is agreeable to sign off on the terms of the agreement, I would suggest filing a custody consent order through your local court. Once both parties and the judge signs the order, it will be a legally binding document.

Our attorneys always remind parents that schedules that are agreed upon by both parties are often what's best for the family. We urge our clients to keep in mind that the judges don't know their family like they do, so sometimes it makes the most sense to...

Q: if my 14 year old step daughter requests to live with us (her father and me) will the court allow it?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 19, 2018
Lisa Marie Vari's answer
Possibly. Pennsylvania courts may take into consideration "the well-reasoned preference of the child, based on the child's maturity and judgment," however this is only 1 of 16 factors examined by the court when determining custody.

Please feel free to visit my website to learn more about the factors PA judges take into consideration in custody cases. http://www.pafamilylawyers.com/Child-Custody/Determining-Custody-in-PA.shtml

Lisa Marie Vari, Esquire...

Q: Non-biological father seeking visitation rights

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 19, 2018
Lisa Marie Vari's answer
It is possible he may qualify for in loco parentis standing to file an action for visitation. A person may be found to stand in loco parentis to a child when they have taken on parental responsibilities and duties with the consent of the biological parent.

Please feel free to read my blog on in loco parentis law in PA.

http://www.pafamilylawyers.com/blog/2017/11/exploring-in-loco-parentis-law-in-pennsylvania.shtml

Q: Separated for over 2 years. She is angry that I am seeing someone else and now saying she wants my pension and alimony.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
There are 3 types of support payable to a spouse in Pennsylvania. Spousal support refers to a request for support when there is not a divorce complaint filed by either party. There are entitlement defenses available in a true spousal support case based upon the fault based grounds for divorce. But, if a divorce complaint has been filed, the support to a spouse is called alimony pendente lite (APL) and there are no defenses to the payment of that support. Money paid after a divorce decree is...

Q: Hi I would like to know who would get the house in a divorce if only the husband is on the mortgage. In Pennsylvania.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
It depends on when the house was purchased. Assets acquired prior to date of marriage are considered non-marital. However, the increase in value of that asset during the marriage will be considered in the equitable distribution process unless excluded by a valid prenuptial agreement.

Please feel free to visit my website to learn more. http://www.pafamilylawyers.com/Property-and-Debt-Division/

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: I was ordered by the court to leave the residence I shared with my Spouse. Is that considered a legal separation?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
There is no such thing as a "legal separation" in Pa. It is not uncommon for the court to award one spouse exclusive possession of the marital residence while the party's proceed through the divorce process, but this does not change the "status" of the marriage in any way.

Please feel free to visit my blog for more information on exclusive possession in Pennsylvania....

Q: Does my son have to use a lawyer in Warren Pa where he lives for a divorce or can he get one in Erie or Pittsburgh PA?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
It is not possible to file for a "legal separation" in Pennsylvania, but regardless of this he may certainly hire any Pennsylvania family law attorney he wishes (e.g. if she files a divorce complaint). Just take into consideration the travel costs associated with using an attorney outside of the county in which the legal proceedings take place.

Please feel free to visit my website for more information regarding divorce laws in Pa....

Q: My fiance' is claiming her daughter on her income tax, her ex husband said she would owe him what he would get back.

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
Generally the parent who has primary custody may claim the child on their income taxes. In Pennsylvania there is no hard and fast rule as to which parent may claim a child when there is 50/50 custody.

If the party's cannot agree, they will have to motion the court to make the decision for them.

Please feel free to visit my blog for information on federal income taxation as it relates to Family Law in Pa....

Q: As a father do I have the right to see my children if there's no custody. Arrangement?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 15, 2018
Lisa Marie Vari's answer
Yes. If the Mother is not allowing you to see your children, I would suggest filing a custody complaint to obtain a custody order; this will provide you with set days/times to exercise custody.

Please feel free to visit my website to learn about the factors PA judges take into consideration in custody cases. http://www.pafamilylawyers.com/Child-Custody/Determining-Custody-in-PA.shtml

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: I live in PA, my ex-wife is threatening to sue me for alimony, we have been divorced for 15 years. Is that possible?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 15, 2018
Lisa Marie Vari's answer
In PA all claims for alimony must be brought prior to the entry of the divorce decree. If your divorce has already been finalized, your ex wife does not have a valid claim for alimony.

Please feel free to review the information about support on my website. http://www.pafamilylawyers.com/Spousal-Support-APL-Alimony/

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: I file a PFA against my legal spouse, can I call him to tell him he needs to sign the divorce papers?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 12, 2018
Lisa Marie Vari's answer
You cannot force him to sign his consent to obtain a divorce decree. If you do not think he is going to consent to a divorce, you would proceed with a 3301(d) (i.e., contested) divorce.

Depending on the date of your separation, there is either a one or two year waiting period to enter a divorce decree. Although a divorce decree will not automatically be entered at the end of the required waiting period, the moving party is not required to obtain their spouse's signature to complete...

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