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Questions Answered by Lisa Marie Vari

1 Answer | Asked in Child Custody for Pennsylvania on

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

Lisa Marie Vari answered on Feb 7, 2018

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... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

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?

My son has been living more so full time for over 6 months with me. If his mother gives up full custody and we set up days for her to see him what all do I do? Do I still file for full custody if we come to an agreement? Shes being evicted, just wrecked her car for a numerous time, dealing with cys... Read more »

Lisa Marie Vari answered on Feb 7, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on

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

My child's mother is suicidal and has threatened to kill herself. My child primarily lives with her and i feel she may be unsafe staying there. How should i go about the situation? She lives in NJ I live in PA

Lisa Marie Vari answered on Feb 7, 2018

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...
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1 Answer | Asked in Child Custody for Pennsylvania on

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

He was into drugs and around alot of people with drama he would abuse me mentally i was living in a very bad environment with him so I decided it was best for me to take my child and leave. It's been 9 years my daughter doesn't know who he is never spoke to him and she suffers with ADHD and is now... Read more »

Lisa Marie Vari answered on Feb 7, 2018

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... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

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

Lisa Marie Vari answered on Feb 1, 2018

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...
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1 Answer | Asked in Child Support for Pennsylvania on

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

Lisa Marie Vari answered on Feb 1, 2018

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....
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1 Answer | Asked in Child Support for Pennsylvania on

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

Lisa Marie Vari answered on Feb 1, 2018

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

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on

Q: No property division during divorce v2.0

My divorce is final. During the divorce property division was never ordered. We bought a house together and after 2 years, they chose to leave. Since that time (2 years ago) I have paid all the mortgage, property taxes, and upkeep on the home. They have resided elswhere for over 2 years now. The... Read more »

Lisa Marie Vari answered on Feb 1, 2018

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... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

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

My ex-husband has recently obtained a job making more money than he was when our order was determined 3 years ago (he was unemployed then). Can I ask for a modification if it's only for 8 months?

Lisa Marie Vari answered on Feb 1, 2018

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...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

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

There's no custody order between my Fiance' and her ex husband. Currently he has been dictating times and trying to set unrealistic times for pick up, drop off and days my fiance' gets her daughter. It's supposed to be a 50/50 split and their daughters mailing address is the same as my fiance's and... Read more »

Lisa Marie Vari answered on Jan 19, 2018

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...
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1 Answer | Asked in Family Law for Pennsylvania on

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

Lisa Marie Vari answered on Jan 19, 2018

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...
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1 Answer | Asked in Family Law for Pennsylvania on

Q: Non-biological father seeking visitation rights

Asking for a friend. The child wasn't his, but he loved her and helped raise her for the first 13 months of her life. Now him and the mom split, and I'm wondering if he can get some kind of legal visitation rights, because she is considering denying him visits because she started dating someone... Read more »

Lisa Marie Vari answered on Jan 19, 2018

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...
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1 Answer | Asked in Divorce for Pennsylvania on

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

We divided assets on our own and do not have a written separation agreement or child support. I pay her every week for child support even though our daughter lives with me the majority of the time. She is upset because her latest boyfriend dumped her, which 2 years ago her multiple "boyfriends"... Read more »

Lisa Marie Vari answered on Jan 18, 2018

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.... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

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.

Lisa Marie Vari answered on Jan 18, 2018

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.... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

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

He had filed for divorce the year before that.

Lisa Marie Vari answered on Jan 18, 2018

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...
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1 Answer | Asked in Divorce for Pennsylvania on

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?

His wife is filing for a legal separation so he will need a good lawyer in the surrounding area if aloud.

Lisa Marie Vari answered on Jan 18, 2018

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... Read more »

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Pennsylvania on

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

She's claiming her daughter on her income tax, her ex husband has said that if he can't claim her and head of household that my fiance' would owe him the total amount he would have gotten if he claimed her and HoH. There is no custody agreement through the courts. There's nothing in the divorce... Read more »

Lisa Marie Vari answered on Jan 18, 2018

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...
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1 Answer | Asked in Family Law for Pennsylvania on

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

I pay child support

Lisa Marie Vari answered on Jan 15, 2018

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...
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1 Answer | Asked in Family Law for Pennsylvania on

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?

Lisa Marie Vari answered on Jan 15, 2018

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....
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1 Answer | Asked in Divorce for Pennsylvania on

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

Lisa Marie Vari answered on Jan 12, 2018

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...
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