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Questions Answered by Dawn Padanyi

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can my mother sue me for visitation rights to her granddaughter?

I don't let my daughter with my mother all the time because my mom's health, she cannot watch her by herself. Also her living situation is a safety concern for my daughter. My mother is now threatening to sue me for visitation rights. Can she sue me and my husband for visitation rights?

Dawn Padanyi answered on Jun 23, 2019

The answer to your question is maybe. The area of grandparents rights regarding child custody act is very fact specific, hinging on the type of contact that the grandparent is seeking and the status of her relationship to the child prior to the filing. It would be smart of you to schedule a... Read more »

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on

Q: with physical and legal custody of my son. Can I withhold him from mother on her day for visitation?

Hello, I have physical and legal custody of my son. Mother have certain days a week with no over nights allowed. Am I allowed to withhold my son from mother on her day. Regarding arrangements my son my have for that certain day?

Dawn Padanyi answered on Jun 23, 2019

If you have a court order concerning custody of your child then those are the terms that must be abided by for both people. If either parent is not in compliance with the court order then it could bring about a contempt proceeding in which the court could sanction a party for his or her violation... Read more »

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1 Answer | Asked in Divorce for Pennsylvania on

Q: My boyfriend wants to get divorced. They've been separated for at least 7 years. Can he get divorced w/o her agreeing?

She is very difficult and when he tried to file before she would not sign any papers or cooperate with anything. He doesn't know if she'll cooperate now, but, it's 5 years since he first tried so he is hoping. He just wants to be divorced and to be able to get on with his life with me.

Dawn Padanyi answered on May 9, 2019

Divorce can be attained without mutual consent under certain sections of the divorce code. Especially in the case of a husband wife that have been separated for the length of time you indicate. He should contact a local divorce attorney to consult with him and assist in getting his divorce... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: My wife and I both have children from previous marriages she has three children I have two children

How should the assets of the estate be divided in the case of one spouse dying

Dawn Padanyi answered on Dec 4, 2018

This is not a family law question as much as it is a estate planning question. How your estate is divided is a personal issue between you and your spouse. Schedule a consultation with a local estate planning attorney to discuss your options.

3 Answers | Asked in Family Law and Divorce for Pennsylvania on

Q: Enforce a Marital Agreement post divorced

We were divorced a few month. In Marital agreement incorporated with Divorce decree that we agreed to sale the house and divide assets. The ex is not corporating to sale the house, what legal steps I need to take to enforce the agreement? Will I able to recover lawyer fee for work on the... Read more »

Dawn Padanyi answered on Dec 4, 2018

The terms of your marital settlement agreement are the road map for your rights concerning the home and attorney's fees. It would be wise to schedule a consultation with an attorney to review your marital settlement agreement then advise you on the next appropriate steps to meet your goals. Most... Read more »

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3 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on

Q: Is child support mandatory in the state of Pennsylvania? I am in the middle of getting divorced and have 2 kids.

I have been the sole giver of their care and the sole income and want nothing from their father.

Dawn Padanyi answered on Dec 4, 2018

No, a child support order is not mandatory in Pennsylvania, however one may be required to file for support if one is applying for cash assistance. There are some exceptions to this as well. Consult with a local attorney for assistance in making the decision on whether to file for child support.

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1 Answer | Asked in Family Law for Pennsylvania on

Q: I live in Pa, I want to relocate out of state, without 15 year old How do I do this the right way

No custody order, just a % of child support based on a notarized agreement between me and my ex wife

Dawn Padanyi answered on Oct 10, 2018

If you are an adult, unless you have other Court Orders or bodies restricting where you can go or live, adults are free to relocate. Moving with a minor child is a different issue that requires the permission of the other parent or leave of Court.

2 Answers | Asked in Family Law for Pennsylvania on

Q: If a spouse leaves the country after desertion of family leaving real estate how long do I have to wait to sell

Dawn Padanyi answered on Sep 25, 2018

Your question lacks details necessary to answer your question. How title to the property is held is an important factor that addresses whether or not you can sell the property alone or if you need the other titleholder involved. Depending on how title is held, you may need to involve the Court if... Read more »

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2 Answers | Asked in Landlord - Tenant for Pennsylvania on

Q: mom loving hpuse. No rent just bills and up and left now power if off

She wasn’t to pay rent just utilities. But she left over a month ago and now the electric has been terminated to the property.

Dawn Padanyi answered on Sep 25, 2018

I agree with my colleague that it would be best for you to address this matter in person or live since the written format is unclear.

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2 Answers | Asked in Family Law for Pennsylvania on

Q: Can my unborn child’s father and I have a notarized letter relinquishing his parental rights

Dawn Padanyi answered on Sep 25, 2018

A child needs to be born before there can be a relinquishment of any rights. This is a complex area of law and you should consult with a lawyer for detailed advice.

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

Q: Inn what ways can I effectively respond to my boys' father who is seeking a modification? What is imputed income?

If I have had conversations with him and have seen possessions of his and things on his social media that suggest he in fact can make the payments hes claiming are too high will they be sufficiant for my defense?

Is it even too early for him to contest payments when he hasn't even made any... Read more »

Dawn Padanyi answered on Sep 20, 2018

You need to speak with a local family law attorney familiar with support proceedings to assist you in making the best case possible and to ensure that you have admissible evidence.

2 Answers | Asked in Family Law and Child Support for Pennsylvania on

Q: My 18 year old son is still in high school but has moved into his girlfriends mom's place. Can they legally get child

Support?

Dawn Padanyi answered on Sep 17, 2018

Contact a local lawyer in your jurisdiction to determine if you are legally vulnerable to the entry of a child support order against you for the support of your son. There are more details needed and it would behoove you to discuss those privately rather than on a public forum. 23 PA CS § 5324... Read more »

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2 Answers | Asked in Family Law for Pennsylvania on

Q: Filing Motion to Request to Take Children Out of Country

A judge in PA issued a temporary custody order which included that neither my ex nor I could take the children out of the country without written mutual consent of both parents or an order of the Court. My ex refuses to even discuss the idea with me and I am trying to ask the Court to intervene.... Read more »

Dawn Padanyi answered on Sep 17, 2018

Contact a local lawyer that practices in your jurisdiction to assist you in getting the matter before the Court. There are many procedural rules that must be followed to make sure that Court systems runs smoothly.

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: What proof is necessary for a strong case against an ex who has been harassing my family and I for 8 years with fake #s

I cheated on my wife with this woman in 2009. Lasted a few months, were intimate once. Decided to separate and work on our marriages. She however changed her mind and started blowing up my phone. She has in the last 8 years called, and texted my wife and I with hundreds of fake numbers. She has... Read more »

Dawn Padanyi answered on Sep 17, 2018

Contact law enforcement immediately. You may also consider changing your phone number.

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3 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: Kids Live in SC, I live in PA, Kids want to live with me, What is the process & what are my odds?

My kids live with their mother in SC, I live in PA, and we got divorced in NY.

The kids live with their mom and her alcoholic and verbally abusive boyfriend. They desperately want to live with me. They need to know what their odds of success are so they know if they want to move forward or... Read more »

Dawn Padanyi answered on Apr 25, 2018

I agree with my colleague regarding jurisdiction, if you do not already have a custody order. If you have a custody order in one state already, typically that State keeps the case until jurisdiction is transferred. You may need to return to the State that currently has jurisdiction of your... Read more »

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

Q: My spouse is in the process of listing our vacation home for sale behind my back. How should I deal with it?

Dawn Padanyi answered on Apr 11, 2018

Contact a local family attorney to assist you with all the facts known. Issues concerning the title and mortgage may prevent him from successfully listing the property without you.

1 Answer | Asked in Family Law and Probate for Pennsylvania on

Q: Is a19yr old responsible for her deceased fathers medical bills. He died with no llfe/medical insuran

She has a parttime job goes to college and lives with her mother. Basically there is no estate she has his car which is 9yrs old and needs repairs. What forms does she need to protect herself and be able to continue with school. She is a DELCO resident he was a BUCKS County resident.

Dawn Padanyi answered on Apr 1, 2018

The deceased estate is responsible for the debt. Debt does not transfer to family members, unless the debt was in some way joint or the family member co-signed on the debt. If the family member is being contacted by debt collectors, she can contact the Attorney General's Office for assistance.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: I misplaced my order for custody. I would'nt want to be held in contempt. How do I get a copy of my order?

Dawn Padanyi answered on Apr 1, 2018

You can go to the Court which entered the order and request another copy . Some courts have these documents available online. You can contact the prothonotary or clerk's office for assistance in getting a new copy.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Pennsylvania on

Q: I’m paying my child support through a notarized letter that was sign under notorized letter

I was basically threatened if I didn’t do it she will try to make it worse for me. I want to be able to see my kids and spend time with them. I don’t fail my support money and I actually pay more than the agreement says because she said I have to. I really don’t care about the money, I care... Read more »

Dawn Padanyi answered on Mar 25, 2018

Your question is unclear. I'm not sure if you are asking if you need a support order or a custody order or if you have a question regarding the amount? You would benefit from having a live consultation with a local attorney that would hear all your facts and then advise you accordingly.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Pennsylvania on

Q: If my son's mother quits her job intentionally, can she take me back to court for more money?

Dawn Padanyi answered on Mar 23, 2018

Depends on the reason that she quits the job. Generally the court will not modify a support order due to a voluntary reduction in pay, however there are few circumstances where the Court may find it justifiable. If you find yourself in this situation, then contact a local attorney for a... Read more »

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