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Questions Answered by Dawn Padanyi
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... View 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... View More

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1 Answer | Asked in Family Law for Pennsylvania on
Q: How long can a married couple stay separated with a child involved & one of the parties has been dating
Dawn Padanyi
Dawn Padanyi
answered on Jul 24, 2017

Pennsylvania does not have legal separation. You are either married or single. A couple could live separate and apart for an indefinite amount of time and still be legally married. It sounds like there may be a basis for your question, so it would be wise of you to have a private consultation... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: How can a custodial parent of a 17 year old, be taken for child support when the father is deceased?
Dawn Padanyi
Dawn Padanyi
answered on Jul 6, 2017

Your question does not provide enough information to answer your question. The act of filing for support does not mean that the filing party will be successful. It certainly is not a common scenario that you describe, but there is a possibility for exceptions. It would be wise for you to... View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: My friend is 18 and is moving out without her parents permission. Can they call the cops?Harm her?
Dawn Padanyi
Dawn Padanyi
answered on Jun 28, 2017

Individuals over age 18 are adults and unless they are deemed a ward of the state or have a guardian appointed on his/her behalf, the individual is able to decide where he/she lives. Contact a local attorney to speak in greater detail the situation.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's mom send my daughter out of state without my concern?
Dawn Padanyi
Dawn Padanyi
answered on Jun 28, 2017

If you disagree with a decision that the child's mother is or has made regarding your child, first you need to express that to the Mother in an effort to engage in co-parenting. The next issue is whether or not there is a Court Order for your child. The details of your Court may answer your... View More

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1 Answer | Asked in Family Law for Pennsylvania on
Q: in a large alimony settlement, can I make a stipulation that it will ONLY terminate if I remarry?
Dawn Padanyi
Dawn Padanyi
answered on Jun 23, 2017

When it comes to a stipulation, you can propose a number of things, however it is unlikely that the opposing party would agree to alimony payments without all the usual terms for termination (remarriage, cohabitation, death of either party). If you are the potential recipient for a large alimony... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: if my child was born in delaware but now lives with me in pa does the custody laws change

she lived with her dad for 6 years and i never recieved any paper work that he filed for custody or anything. well now he ask me to take her back and i have her again but i live in pa she is with me. what are my rights or laws as for custody now that i am in PA with her. should i file for custody... View More

Dawn Padanyi
Dawn Padanyi
answered on Jun 21, 2017

In the absence of a Court order, both parents have legal rights to the child. Also without a Court order, there is no obligation by either party to maintain any particular schedule or arrangement, however if there is a status quo that was established between the parents, it may not be in the... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Kids live w/ dad. Full physical custody filed, mom countered w/ 50. Which request rules until it's settled? Status quo?

The children live with dad, mom gets them every other weekend and during the week when it's convenient for her. Does dad continue this way until it's been settled or does mom get what she wants in the meantime?

Dawn Padanyi
Dawn Padanyi
answered on Jun 21, 2017

The last order of Court is what is followed. If there is no Order of Court then there is not obligation of either party to follow a particular schedule, however, if there is a status quo it would likely be best for the children that the status quo remain until the Court has an opportunity to run... View More

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can my ex do anything to take my children or keep us from leaving the state and returning home if there is no agreement?

I moved a little over a year ago from PA to TX. I have 2 children from an EX in PA. There is no custody agreement in place. He has had no contact since 2011 at a child support hearing. Which he's never made a payment on. We have plans to have his rights taken away and for my husband to adopt... View More

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

Under Pennsylvania law, if there is a no custody order in place, then each parent has the same custody rights to the children. So if Father gets possession of the kids, then he is not required under any law or order to allow you to take the kids anywhere. Just as there is no law or order allowing... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I am renting a home that the homeowner is in prison for the rest of his life. He assigned a poa who wrote up lease.

He assigned new poa who is trying to evict me is that legal?

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

You need to contact a local landlord tenant attorney to review your lease and the power of attorney. If you are in violation of the lease or the lease terms allow for an eviction under your circumstances then it may be possible. The details within your lease are key.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Noise complaints against me.

I am a 66 year old woman living in 3rd floor apartment. My downstairs neighbor keeps complaining I make loud "banging and thumping" noises all the time. I don't think mgmt agrees with her. What can I do? I have put down some mats as the floor boards do squeak, but now I am "tip... View More

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

You don't have to disprove anything. It is up to the individual complaining to prove. Perhaps you can arrange a meeting with your landlord to assist you both in finding a compromised middle ground. I'm not sure what that would be, perhaps not wearing shoes inside. It may seem... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Pennsylvania on
Q: My ex is 22 and he's talking to a 16 year old and 17 year old if I went to the police station will he get in trouble

Hes talking sexual to minors

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

If you believe that a crime may have been committed or is in the process of being committed, then that is a matter you should present to the police who will perform an investigation.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Me and my boyfriend just seperated, we have 2 children that live with us, my ex still currently lives here with me

And our children. I pay all the bills including my mortgage on my my own, also supply all the food and clothing for our children. Even if he is still living here would I be able to take him for child support?

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

Can you clarify whether this is a Pennsylvania matter or Virginia? Your question was posted from Alexandria, VA. This is important because you need an attorney that is licensed in your jurisdiction to answer your question.

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can my wife legally keep me from seeing my daughter , she abandoned me & the house and took her and wont let me see her

My wife left three days ago abandoning me and our house taking our kids and pets away. Since them I have tried contacting her asking to spend time and see my (our) daughter and she threatens me with a pfa if I try to come near her dads house where they are staying . Is that legal there is no... View More

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

If there is not a custody order in place, then neither parent is under any obligation to allow contact between parent and child. Certainly withholding a child from a parent isn't necessarily the best course of action for the child and could be used against her at a later date if the matter is... View More

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is cost range and duration to gain visitation of grandchildren?

This is for PA

Dawn Padanyi
Dawn Padanyi
answered on May 31, 2017

Your question can't really be answered because every case is different and depends on what is involved in your case, the position of the parties, whether litigation is involved and how backed up the courts are with other matters as well. It would be best if you had a consultation with a local... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: What are my options as far as custody & child support if me and my girlfriend were to separate?

Would I automatically be forced to pay monthly child support even if I already support the child?

Dawn Padanyi
Dawn Padanyi
answered on May 31, 2017

If the custodial parent, which is the parent where the children primarily live, files a complaint for child support with the Court then yes, both parents have an obligation to financially support the children. If the mother is the custodial parent and files through the Court then she wants the... View More

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Am I at risk of receiving less than what is required because I don't have a lawyer?

My ex & I have shared legal & physical custody of our child but he only keeps her overnight once a week. I am taking him to court for child support because he's not helping financially, so he hired a lawyer so he can pay close to nothing every month. We gross about the same amount monthly.

Dawn Padanyi
Dawn Padanyi
answered on Apr 19, 2017

The rules are standard across the board but you have to know the rules to apply them. It would be in your best interest to hire counsel to come to Court with you or at least have a consultation with a local attorney to inform you of the rules and rights.

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: My 4yo daughters mother wants to move to NC and take her. We share 50 50 custody. She hasnt even seen her for a month.

She went there with her new boyfriend to visit his family. Now claims has a job, car and place to live lined up. My mother and her mother have been caring for my daughter for about 2 months and for 1 whole month she hadn't visited her once. I just got out of jail 1week ago after 10 months... View More

Dawn Padanyi
Dawn Padanyi
answered on Apr 19, 2017

First step is to contact a local family attorney to advise you with all the facts at hand. The key is to make it known that you object to the relocation in writing (if you do in fact object) and then it will be up to the Court to determine if it is in the child's best interest to relocate.... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 13yr old son no longer get wants to live primarily with his mother. Can he decide where he'd like to live?

Is he old enough to decide which parent he'd like to live with at 13? And what do I need to to to get him to the proper legal channels?

Dawn Padanyi
Dawn Padanyi
answered on Apr 19, 2017

Children do not decide where they reside, however the older a child is the more weight is attached to his/her position. The proper means of changing custody is to file a petition for modification. It is best to consult with a lawyer before filing anything with the Court to ensure that you are... View More

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Pennsylvania on
Q: I need help in writing a brief that is due by April 7th. Is there anyone out there who can help? Safety of a minor child

My daughter has been abused sexually, physically, verbally, and mentally. I recently file Pro Se with the Superior Court of PA. I live in Beaver County. I understand why no one will represent me in my county. I need representation. I am at the point where I need to file the "brief" by... View More

Dawn Padanyi
Dawn Padanyi
answered on Apr 5, 2017

Go to your local law library and the librarians can assist you in getting samples of briefs. Your local bar association or the Court house also have a lawyer referral program where you can find an attorney as well.

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