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Questions Answered by Lisa Marie Vari
1 Answer | Asked in Child Support and Child Custody for Pennsylvania on
Q: In Pa if my ex moves out of state with my child does she have to notify me or domestic relations before moving?

My ex moved from Pa to Az without notifying me or domestic relations prior to her move even without a custody agreement can she do that? And i were to petition the court for suppirt changes whould she had to appear in person at the hearing?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 6, 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...
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2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: can I file for divorce without his consent?

My husband and I has been separated since September 2016, can I take advantage of PA new divorce laws that reduced separation time to 1 year period effective date 12/4/2017 and file for divorce without his consent? Thanks

Jennifer

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

It is correct that the statute relating to this type of divorce has been amended to decrease the required time living separate and apart from two years to one year. However the amendment only applies to periods of living separate and apart that commence AFTER December 5, 2016 (the effective date... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: DOES CHILD SUP[PORT END WHEN CHILD IS 18 YRS AND STILL IN HIGH SCHOOL
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later.

Once this occurs you must file a request for a hearing to determine if modification of the support order is appropriate. Until a petition for...
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1 Answer | Asked in Divorce and Child Support for Pennsylvania on
Q: Does a marriage separation agreement take priority over state law regarding child support?

I inadvertently agreed to pay child support for both my children until the younger graduates from high school. Am I bound to this or can I reduce my obligation once the oldest graduates from high school?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. You can still file to modify your support obligation despite your Marriage Settlement Agreement.

Please feel free to visit my website for more...
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1 Answer | Asked in Child Support for Pennsylvania on
Q: My daughter is 19 years old and has been dropped out of high school since she was 18.. Why am I still paying?
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

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, you are required to continue making payments as outlined in the existing support court order.... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: My boyfriend of almost 10years wants to take his kids away from me when he is not the legal guardian can he do that

His mom has legal but I have temp legal and physical for the last 3 years now that we are not together can i keep the kids

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

It depends on what the custody order says, however you may also qualify for in loco parentis standing to file an action for custody. 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.... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: We Lived in PA 2 years, father is in fl 1.5 years can he come and take my kids when he wants?

My kids and I moved here in august 2015. Their dad and I broke up and he moved to florida in July 2016. We were never married. He's talking of visiting but I don't trust him, can he legally take them even though he's been gone over a year?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

In PA there are certain steps that must be taken before a parent can relocate with minor children. If Father wanted to take the children to Florida indefinitely, he would be required to file a petition for relocation and obtain court permission if you objected to the move.

If you are...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: What rights do I have as a biological father for my son born from an affair outside my marriage?

I cheated on my wife and had an affair. This affair resulted in a child which I am 100% sure is mine. What rights do I have as the biological father? The baby's mother is also married and has pretended the child is her present husbands. She has not asked for my financial support, but I am... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

You can file an action for partial custody, but I would suggest establishing parentage through paternity testing prior to any type of acknowledgement of paternity.

Once paternity is established, you can proceed through the custody process the same as any other biological father....
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband has funds he brought into the marriage 17 years ago (investments) Are they his or do we divide them?
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

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...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: If I had investments prior to my marriage, am I required to include them as joint assets?
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

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...
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1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: In 2001 purchased a home in PA. Mortgage was my name only but exgirlfriends name on deed also.. Is this legal?

Should both names been required on loan at time purchase of house.

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

There is no requirement that just because your name is on a property deed that your name also be on a mortgage the property is subject to. Thus it was not necessary you both sign for the loan at the time of purchase.

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband was fired in 09 for forging his time card. He plead no contest and pd fine and probation. Has been guitting

Good paying jobs for last 3 years whenever he didn't want to do them. He got his CDL so he could get good paying jobs. Also I helped pay to keep up his professional license for treatment plant operator. He last worked on 10/15 when he quit because it was too far to drive. He pulled the rug out... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

Support in PA is calculated by earning capacity rather than actual earnings. Absent proof of reasonable efforts made to find employment, the court may impute an earning capacity consistent with employment in his field.

Please feel free to visit my website for more information on...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: I held title of my house prior to us getting married but put her on title recently even though she contributes nothing.

If we get divorced would she be entitled to half of the value?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

In a nutshell, yes. If her name is on the deed she holds equal ownership, and the property would be subject to equitable distribution (i.e., division of marital assets) in a divorce proceeding.

Please feel free to read my blogs on equitable distribution for more information....
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1 Answer | Asked in Divorce for Pennsylvania on
Q: What is the law regarding a divorce when the spouse that did not file has not or will not sign the divorce papers ?

In this case, my sons wife cheated on him with four different men in a 10 month period, they separated immediately after he found out and then she ran off with her new boyfriend and he has no idea where she is. Does the divorce become immediately granted after a year without her signature?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

In PA a 3301(d) (i.e., contested) Divorce may be completed when the parties have been separated for at least one year. Although a divorce decree will not automatically be entered at the end of the one year period, it is correct that the moving party is not required to obtain the other spouses... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Imarried for 8 months. Put her name on my deed do to her numerous request. In Pennsylvania how much interest I owe her
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 4, 2017

If her name is on the deed she holds just as much ownership in the home as you and the property is subject to equitable distribution (the division of marital assets) in a divorce proceeding.

Please feel free to read my blog on equitable distribution for more information....
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1 Answer | Asked in Family Law for Pennsylvania on
Q: My bf of 2 yrs has a 3yr old who has asked me not to leave but her dad is horrible to me! How can I not abandon her?

Her mom isn't really in the picture and he only started getting her (verses leaving her at her great grandparents wed-sun which was the court ordered time her mother was suppose to get her and was not) more once I fought forever for it. He doesn't even bother to change her clothes the... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

In PA there are 3 types of individuals who may file an action for custody:

1.) A parent of the child

2.) A person who stands in loco parentis to the child

3.) Grandparents (in limited situations)

It is possible that you may have in loco parentis standing, which can...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My son's mother has cut all contact with me for almost 2 years and has refused to let me see my son what should I do?

I have been trying to contact the mother of my son because I want to see him but she has refused to allow me to see him or have any contact with him because she said that once I start paying her more money then I would be allowed to see him. This has gone on for almost 2 years. I can't even... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

You can file a petition for custody. The custody process varies depending on which county the petition is filed in, but generally the parties meet with a trained mediator who assists in drafting a custody schedule, if the parties can agree to one. If the parties cannot agree, the court may order... View More

1 Answer | Asked in Education Law and Family Law for Pennsylvania on
Q: Does my daughters father have a say in what school she goes to when she lives with me?

I have a 2 year old daughter that lives with me and even though she's not old enough for school yet her father keeps saying she won't be going to the school closest to me. There is no custody arrangement her father just gets her when he wants to. So I want to know if he has a say in what... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

Unless one parent has been awarded sole legal custody, both parents share legal custody of their children. Legal custody is the right to make important decisions that impact children regarding education, religion, and medical care. Thus you both have say in where your daughter attends... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: do grandparents have rights to see grandchild in pa. what rights they have
Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

The circumstances under which a grandparent has the right to ask the court for visitation with their grandchildren in PA are limited.

In Pennsylvania a grandparent can petition the court for partial custody;

1. Upon the death of a parent,

2. Where the parents are divorced...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: What rights do grandparents have in Pennsylvania, regarding visitations?

I have not seen my 4 grandsons in 2 years, my son and daughter-in-law are still married, but will not allow my husband or myself see them, talk to them, etc.

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

The circumstances under which a grandparent has the right to ask the court for visitation with their grandchildren are limited.

In Pennsylvania a grandparent can petition the court for partial custody;

1. Upon the death of a parent,

2. Where the parents are divorced or have...
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