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 »
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 »
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...Read more »
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
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...Read more »
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... Read more »
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 »
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...Read more »
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.
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 »
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 »
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.
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... Read more »
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...Read more »
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.
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... Read more »
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.
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... Read more »
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 »
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 »
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....Read more »
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...Read more »
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... Read more »
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