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Questions Answered by Lisa Marie Vari
1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can a childs custody be given to other parent based on one parent keeping the home, an the other is living with family?

My daughter, the mom of 3 children, who was married for 8 yrs, recently divorced. She was a stay at home mom their entire marriage. Because she had no job, n no income, he retained the house, n she was forced to move back in with me (her mom). The ex, because of having an income n the house has... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 20, 2017

There are no laws requiring a specific number of rooms, and the father won't be awarded custody simply on the basis that he has a bigger home. The court considers 16 factors when determining custody, which you can read more about on my blog, linked below.... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Divorced- Father wants to keep child in public school when I am more then willing to pay for Private School.

My ex has tried to push back on every decision I have brought to the table. They are common sense decisions as bettering my childs life. I do not have a custody agreement through the courts. Need advice on what to do next. My child is 4 years old and currently in a State funded Pre-K counts... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 20, 2017

If you cannot agree on where your child should attend school, you'll need to petition the court and have the judge make the decision.

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex girlfriend and I broke up a year ago can I take my kids and move out of state?

Well she started just staying on her phone all the time and when she is with this guy it’s like the kids don’t egsist anymore. She stopped being the mother she was before. After I came home from working the night shift I asked why she hadn’t changed our 2 year old daughter who’s diaper was... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 20, 2017

Before you move out of state, you must follow the PA custody laws and provide her with written notice of your intended move. If she objects to the move, you would need court permission to relocate. Please take this very seriously as moving without complying with the notice provisions could result... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: If father does not have any reportable income does the mother have a chance to receive child support from him.

Father works minimally and the money he does receive is through bands or tutoring. It is not recorded/reported for taxes. Has not worked many hours a week in almost two years. I the main supporter and caretaker, make a decent amount of money but I feel father should have to be responsible for... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 20, 2017

A PA support order is based upon income from any source including "under the table" income. The problem in a case such as yours is proving by competent evidence or testimony the amount of his income. Ways to do that is through invoices or other notes of his income, the household expenditures, or... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Is my husband required to provide spousal support?

We have been married for 14yrs. We're not officially separated, but by husband lives in NJ with his gf, while I live in our house in PA. The house is in his name only. I have been unemployed for several years. My husband pays the mortgage and utilities. We had a fire at the house and 99% of the... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

You can file for spousal support. Spousal support refers to a request for support when there is not a divorce complaint filed by either party. The court will take your incomes into consideration when calculating a support obligation. I would recommend filing as soon as possible as support... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Pennsylvania on
Q: How can I obtain a passport for my child that was legally agreed upon during mediation?

My child's father and I went to family court to have an agreement put in place a year ago regarding international travel and obtaining a passport for her. He agreed that for two weeks out of the year I am able to take her abroad with me and that he will not refuse the right to a passport for her. I... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

Presuming you left mediation with a written consent custody agreement stating that father will cooperate in obtaining the passport, you have to file for enforcement of the order to force him to comply. The court also has the authority to impose sanctions on father for his non-compliance if it... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: If the parents are not married and there is no custody order and one parent takes the child and moves to another state

If the parents are not married and there is no custody order and one parent takes the child and moves to another state and does not give the other parent the address or phone number foe the child what can that parent do?

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

Pennsylvania relocation laws list requirements and steps that must be taken when one is considering relocating to a new city, state, or even a different country with minor children. Below are the "relocation logistics" in Pennsylvania.

In Pennsylvania, a parent considering moving with...
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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex and I worked out a payment but now she wants more and taking to court will any past monies count?

My wife has been helping me pay her something since they are my kids & I make any money I can through odd jobs and now she is taking me to court. Will any of those payments count (I have all cx checks)? Will my wife's income play any part on what I owe?

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

In PA child support is determined by a calculation based on the parties' net monthly incomes. Therefore your wife's income will also be considered when determining a support obligation. Expenses related to the children, such as costs for daycare, health insurance, co-pays, private school tuition... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: My fiance is 45 and was persuaded to take a guilty plea to statutory rape when he was 18 and the female was 15.

He was never required to register for Megan's Law and got 11 months probation 27 years ago.Is this something that can be used against me in a custody case with my 6 year old daughter who calls him dad?

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

His criminal history will be considered in determining custody. When an action for custody is initiated each party must submit an affidavit of criminal record/abuse history stating the names, birth dates, and criminal history of the adults living in your household.

The court looks at 16...
Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can a malicious ex be responsible for court/attorney fees?

After 7 years of me being primary custodial parent in PA, my ex husband and his new wife living out of state have been on a vendetta against me to slander my name in court in order to take primary custody of our child (8). This is the second time he has pursued this in a single year, coming up with... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

In PA the court is permitted to enter an award of unnecessary counsel fees, costs and expenses where a case participants actions during the pendency of the action have been "obdurate, dilatory, and vexatious." It is within the courts discretion to determine if the participants actions rise to... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Do i have to pay child support for my child if he's 18 and has a child of his own. But didn't graduate high school?
Lisa Marie Vari
Lisa Marie Vari answered on Dec 12, 2017

The fact that he has a child of his own is irrelevant to you having a support obligation. In PA a child support obligation exists until the child turns 18 or graduates from high school, whichever occurs later. If the child is unable to be self-supporting, the court may extend a parent's... Read more »

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My son is in jail is there any way I can get tempary custody for his rights to make dessicions

Don't think him and mother have any custody papers but she is making all decisions and they all have been living with me since birth now she has a new boyfriend and still living in my house but I have to beg to see them can't make any decisions in healthcare or anything I recently moved out of my... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 11, 2017

Legal custody is required to make major decisions, such as healthcare decisions, on behalf of the child. You can file for legal custody, but must establish standing to do so. Grandparents are provided standing in limited circumstances if it is determined to be in the best interests of the child.... Read more »

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1 Answer | Asked in Family Law for Pennsylvania on
Q: After 30 years of marriage my husband left our home and marriage What are my rights as his wife.

My husband departed from our home and marriage due to irreconcilable differences of my faith. What are my rights as his wife in the state of PA

Lisa Marie Vari
Lisa Marie Vari answered on Dec 11, 2017

Depending on who is the higher earning spouse, you may be entitled to spousal support as your husband has moved out of the marital home. This is true regardless of whether or not a divorce has been filed.

I would recommend speaking with a family law attorney as soon as possible to discuss...
Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: my name is brenda and im trying to figure out if i have a common law marriage, if i am married or not
Lisa Marie Vari
Lisa Marie Vari answered on Dec 7, 2017

Common law marriage was abolished in Pennsylvania in 2005. Marriages entered after January 2005, must have a marriage license and formal process. Thus it would depend on the timeline of your specific situation.

Please feel free to read the information about common law marriage on my...
Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: My son is in pa job corps program, lives there & gets a biweekly check fr them. Do I still have to pay child support?
Lisa Marie Vari
Lisa Marie Vari answered on Dec 7, 2017

Support may be terminated if a child is emancipated before the age of majority. Emancipation is determined on a case-by-case basis, and the court looks to factors such as the child's age, desire to live independently from their parents, marital status, and the ability to support themselves. It... Read more »

2 Answers | Asked in Child Support for Pennsylvania on
Q: How long does it take to receive your first payment for child support after a court ordered amount is determined?

His employer already sent out the wage verification and he just got paid today

Lisa Marie Vari
Lisa Marie Vari answered on Dec 7, 2017

Usually a few weeks. Please feel free to visit my website for more information on child support orders in PA.

http://www.pafamilylawyers.com/Child-Support/

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

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3 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: In pa can a petitioner in a child custody case drop the case only to later change there mind an refile it ?

Is this legal?

Lisa Marie Vari
Lisa Marie Vari answered on Dec 7, 2017

Yes. In PA the petitioner is not precluded from subsequently refiling a petition for custody, no matter if the first case was dropped by the petitioner themselves.

Please feel free to visit my website for more information on the custody process in PA....
Read more »

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Would the father of unborn child get full custody? What can I do to prevent this? I been trying to get alone with him

But it's hard because he can be verbal abusive. And im afarid for my baby in his care. Also do i have to have him in the delivery room?

Lisa Marie Vari
Lisa Marie Vari answered on Dec 6, 2017

In making a custody determination, the judge will look to the 16 custody factors. Please feel free to visit my blog linked below for more information on how each factor is considered.... Read more »

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1 Answer | Asked in Child Support for Pennsylvania on
Q: If im being sued for child support but pay child care expenses and take care of my child, would I have to pay?
Lisa Marie Vari
Lisa Marie Vari answered on Dec 6, 2017

There are a number of factors involved in determining a child support obligation, including each parties income and custody time with the child; thus it is not possible to determine from the facts provided whether a support obligation would exist.

That being said, the court may deviate...
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1 Answer | Asked in Child Support for Pennsylvania on
Q: Hubby doesn't see child(15). Child wants nothing to do with him or our family. He pays cs. Can he get it dropped?

He hasn't seen his child in almost a year. Texts her regularly with no response from her. We got one response after sending her a text for her birthday and she cussed him out. Even though she is still in high school and under 18, can we get it dropped? We have 3 other children in our home and he... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 6, 2017

No, he cannot have his child support obligation dropped. In fact, when custody time is decreased, a support obligation is generally increased, and vice-versa.

If there has been a change in circumstances (such as loss of a job), you can file to request a modification of the order. Please...
Read more »

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