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Questions Answered by Dawn Padanyi
1 Answer | Asked in Family Law for Pennsylvania on
Q: Can i get Family Wizard on my own or do i need a court order?

My child's father is harrassing me. Constantly texting me and calling me names. Right now we have 50/50 custody and our court date isn't until June. Is there a way I can get family wizard right away or do i have to wait until June for our court hearing. Or is there anything else i can do so he... Read more »

Dawn Padanyi
Dawn Padanyi answered on Mar 19, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I live in pa. Can I take my son an move out of state? There is no custody order
Dawn Padanyi
Dawn Padanyi answered on Mar 19, 2018

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... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
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

If you have a child out of wedlock and the father moves to another state. You both agree the child can visit for the summer. But What if the father decides not to return the child due to no court order. What are some steps to take to ensure your child returns to you? Especially if the child is... Read more »

Dawn Padanyi
Dawn Padanyi answered on Feb 4, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex-husband has visitation with our 12 year old son. The papers says he can "pick him up after school" (pretty vague)

I dont want him to come to our home when neither myself or my husband are at home. Can he still just show up at our house and pick up my son without an adult present in the home?

Dawn Padanyi
Dawn Padanyi answered on Jan 17, 2018

If the custody does not specify where the pick up and drop off occur then you should have it modified. As it stands now, it is reasonable to assume that the Father could pick up your son from the school, home, or other location where the child may be "after school." Contact a local family... Read more »

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex never wanted support for our son for 16 yrs now she is sueing me for support can she get it

For five yrs I had him week to week now he wanted to go back to everyother wk end and she wants support he will be 18 in a yr and a half

Dawn Padanyi
Dawn Padanyi answered on Jan 17, 2018

You both have a legal obligation to support your child. If the child is under 18 years old and hasn't graduated high school, then the Court can enter an Order for Support. Contact a local family attorney to review your options with you.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: : My ex gf has a baby and says it's not mine I believe he is my child but she will not give me a DNA test

Is possible for the court to grant me a DNA test

Dawn Padanyi
Dawn Padanyi answered on Dec 30, 2017

You can file a petition for paternity testing through your local domestic relations office at the county courthouse. If the baby is biologically yours then you can be ordered to pay child support. Contact a local family attorney to assist you further.

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Never married couple. Is mother allowed to move over hours away and enroll child into diff. school w/o father permissio?
Dawn Padanyi
Dawn Padanyi answered on Sep 19, 2017

I respectfully disagree with my colleague that permission is not needed. In accordance with Rule 1915.17. Relocation. Notice and Counter-Affidavit see below. Permission is needed from the other parent or the Court.

(a) A party proposing to change the residence of a child which...
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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it considered custodial interference if the parent makes medical decisions without the other parent?

My boyfriend's baby's mother put their son on medication without his permission

Dawn Padanyi
Dawn Padanyi answered on Sep 17, 2017

It is not custodial interference, but it shows a lack of co-parenting and could be violation of a custody order if the parents have shared legal custody. The father should schedule a consultation with a local lawyer to attain all the facts to determine the best course of action to handle this... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: If a Girlfriend and boyfriendhave a baby and then 15 months later they break up. Can he sign his parental rights away?

The boyfriend is the Father of the little girl. He has not been able to keep a job longer than 9 months with out getting fired or quitting. His is not working at this time. He does not call or text and ask about the baby. He does not ask for the baby to be brought up to his parents place so he can... Read more »

Dawn Padanyi
Dawn Padanyi answered on Sep 19, 2017

If he is in fact the father, that is easy to determine with DNA testing, then he will have an obligation to support the child. If he fails to meet that obligation, he could be incarcerated. As for the questions about signing his parental rights away, it is unclear if you are referring to granting... Read more »

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I Leave the state of PA with my children without a custody order
Dawn Padanyi
Dawn Padanyi answered on Aug 30, 2017

It is not clear whether you are asking whether you can leave for a short visit or leave as in relocate. Relocation has very specific steps that must be followed under the law. It would be best to contact a local attorney to advise you with all the facts present.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does a mother have more rights to a child more then a aunt . as long as the mother is very well able to care for him

Aunt has custody of child until mom gets back on her feet .. Diffrent states for two years .. Mom has her life together and wants her son back.. This was only a verbal aggrement and now aunt is making it more difficult for mom

Dawn Padanyi
Dawn Padanyi answered on Aug 30, 2017

This situation sounds like it could be complex. It is not cut and dry even if there is not a custody order in place. It would be wise for the child's mother to have a private consultation with a local attorney to hear all the facts then advise on the best course of action thereafter.

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: Can a non custodial parent take a child from school just because they're on the birth certificate?

My niece is 3 and her father has a traumatic brain injury and has never really been a part of her life. Two years ago they went to mediation. My sister got sole custody. The father got non custodial visitation one day a week unless otherwise agreed upon. Which he has only done 3-4 times. My niece... Read more »

Dawn Padanyi
Dawn Padanyi answered on Aug 30, 2017

It truly depends on what the custody order states. You refer to custody mediation, but it is not clear if the parents have a custody order. It would behoove the mother to have a consultation with an attorney that can review the custody agreement or order to determine exactly what rights are... Read more »

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1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: question about a will

My sister died and in the Will named me executor and left me with everything she owned. she was married but did not leaveher husband of only 12 years nothing. the house was my parents house so she had it before they were married. does he have any rights to anything?

Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

Your question isn't clear as to jurisdiction. If the jurisdiction is Pennsylvania, then yes, when a person is still legally married at the time of death, then his/her spouse has the right to claim an elective share. Pennsylvania does not allow spouses to disinherit a spouse. Consult with a... Read more »

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Me and my ex have children together his family lives in Florida we are going down to visit can they try to take my kids

My ex and I are going down to Florida so the kids can visit their aunt that lives there can they try to say I live with them and kick me out and my ex say he is taking my kids and he lives with them ? If so how do I make sure that doesn't happen ?

Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

If you have this much distrust for the people you are visiting, then you may want to rethink your visit. It would also behoove you to attain a custody order spelling out the custodial rights of each parent so there is something in writing in which both parties can use to enforce, if necessary.... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Where can I find a lawyer to represent me for free. I lost both my jobs because of my childs father.

We are going through a nasty break up and he is interfering in me moving on in my life by making me lose both jobs to where now I cant support my children. He took my car which both our names are on which he knows is my only way to work. He is verbally abusive threatens me with the law if nothing... Read more »

Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

Legal Aid may be able to assist you. Here is a link that will direct you to the Legal Aid office near you. https://www.palawhelp.org/. Good luck

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Pennsylvania on
Q: Is my school district obligated to pay me back salary after charges are dropped or amended?
Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

Just based on your question along, it doesn't appear that you were performing any work for the school during your leave warranting compensation. If you have an employment contract, look to that document to see if it lays out any reason that an employee would be paid while on leave, perhaps look to... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My father and I are on the deed to a house. We had an argument and now he wants me to buy him out or sell the house?

The house does not have a mortgage. What are my options? I pay the property taxes and repairs. My grandfather originally bought the house for myself with a mortgage but when he passes the mortgage was dissolved. I don't want to loe my home as I have put work into the home.

Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

Contact a local attorney for a private consultation to review all the details relevant to your situation. There are many details left out of your question that are necessary to advise you on your options. How the home is deeded is a critical detail and whether or not there is litigation pending... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I have sole phisycal and legal custody of my kids. My child wants to go with her dad for a few months. What can I do?

It is a long story I took full custody because he hurt my kids feelings a lot he always kept them waiting called when he felt like it and I had enough. But still they suffer I try my best to keep them occupied. My daughter suffers a lot she is daddy little girl so she wants to go stay with her dad... Read more »

Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

Contact a local lawyer who can review all the details of your case and give you a private consultation to assess the best means of accomplishing your goal while protecting yourself and children. Family law issues can have many hidden complexities. You may not need to file anything with the Court,... Read more »

2 Answers | Asked in Family Law for Pennsylvania on
Q: Do I have to be the one to pick up my son for visitations
Dawn Padanyi
Dawn Padanyi answered on Aug 1, 2017

The terms of your custody order should address this. Many times this responsibility is shared, but without reading your Order it is not possible to answer this question. If your order does not address transportation then perhaps that is a modification worth considering. Schedule a consultation... Read more »

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: Can my sons father get custody under the circumstances listed below??

My son is a month old and the father lives with me since we originally agreed to coparent. Besides occasionally buying diapers and sometimes holding him he doesn't help take care of him at all. He has no respect for me and I told him when we move I want to get my own place and he threatened court... Read more »

Dawn Padanyi
Dawn Padanyi answered on Jul 27, 2017

It is possible that a new father can get some custody rights to his child. What these right will be is the question. It is not unheard of for a Court to Order that a Father can have shared legal custody and partial physical custody. With an infant, many other factors come into play such as... Read more »

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