Questions Answered by Dawn Padanyi

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

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Dec 4, 2018
Dawn Padanyi's answer
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.

Q: Enforce a Marital Agreement post divorced

3 Answers | Asked in Family Law and Divorce for Pennsylvania on
Answered on Dec 4, 2018
Dawn Padanyi's answer
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 Agreements include enforcement provisions with the potential for attorney's fees if either party is found to be in contempt of the agreement.

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

3 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Answered on Dec 4, 2018
Dawn Padanyi's answer
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.

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

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Oct 10, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Sep 25, 2018
Dawn Padanyi's answer
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 you cannot get the other party's consent. Consult with a lawyer as soon as possible.

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

2 Answers | Asked in Landlord - Tenant for Pennsylvania on
Answered on Sep 25, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Sep 25, 2018
Dawn Padanyi's answer
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.

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

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Sep 20, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Sep 17, 2018
Dawn Padanyi's answer
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 addresses standing for any form of physical custody or legal custody in Pennsylvania.

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Sep 17, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Sep 17, 2018
Dawn Padanyi's answer
Contact law enforcement immediately. You may also consider changing your phone number.

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

3 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Apr 25, 2018
Dawn Padanyi's answer
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 custody matter. Schedule a consult with a local attorney that can hear ALL the facts and then advise you where you need to initiate this custodial change.

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

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Answered on Apr 11, 2018
Dawn Padanyi's answer
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.

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

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Answered on Apr 1, 2018
Dawn Padanyi's answer
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.

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?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Apr 1, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Mar 25, 2018
Dawn Padanyi's answer
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.

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

2 Answers | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Answered on Mar 23, 2018
Dawn Padanyi's answer
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 consultation on the matter.

Q: Can i get Family Wizard on my own or do i need a court order?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 19, 2018
Dawn Padanyi's answer
You don't need a court order for Our Family Wizard. It is used a tool to help facilitate co-parenting. You may need a court order to require the other party to use it if they do not wish to do so voluntarily.

Q: I live in pa. Can I take my son an move out of state? There is no custody order

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Mar 19, 2018
Dawn Padanyi's answer
Pennsylvania has a relocation law that states the party seeking to relocate must provide notification and an opportunity to respond to anyone that has custodial rights to the child. If there is a parent who's parental rights to the child have not been terminated that you need to comply with the relocation law prior to relocating. The law is 23 Pa.C.S. § 5337. Consult with a local attorney to assist you further as the steps can get complicated.

Q: What steps can be took if a dad decides not to return child after a summer visit in another state with no court order

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 4, 2018
Dawn Padanyi's answer
The best protection is a Court order. It is no complex to draft and execute an agreement that is signed and filed with the Court to create a custody order. With an order, you have the enforcement power of the Court behind you. Consult with a local attorney in your jurisdiction to assist in getting an custody order by agreement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.