Hello. Property that is owned jointly with a third party is still marital, however, if you own it equally with your mom, only half of the property is marital for purposes of divorce. You need to look at your deed. The increase in value of the property during the marriage is what the court can...View More
I am sorry to hear of your situation, it must be extremely painful. If your parental rights have not been terminated, you will need to file a Modification of your current custody order if your current custody order does not provide any scheduled visitation for you. Whatever issues you were having...View More
If Potter County requires that he acknowledge and submit to jurisdiction (most likely) then you will need to transfer the action (there is a filing fee) to Chester County and then proceed in the County where you both reside as he is already subject to jurisdiction in Chester County. You can then...View More
Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to...View More
Please contact Children and Youth services if you are a minor and living in an abusive environment. You may have to go to foster care if you do not have another relative who can take you in, but at least you will be safe immediately. They have the power to get you out immediately. Emancipation,...View More
Even if there is no custody agreement, you still must follow the rules of relocation or you may be faced with a petition to return the children to the state and possibly and interim order giving the other parent custody until a hearing can be held. Unless the other side agrees to the move, you...View More
Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have... View More
In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.
An order can be put in place without you there but you should have received notice in order for them to make any changes. Orders can be modified as circumstances changes with a petition filed and notice to the other side of a court date.
He left home because you do not want to be there anymore only to come stay with me in New Jersey I had court today in Northampton county in Pennsylvania and the master said that he is not old enough to decide and I'm scared if I force him to go back he will run away what legal rights does he... View More
He will not have the right to decide until he is 18. Unfortunately, you will have to go through the court process and follow the orders if you cannot reach an agreement with the other parent. You should talk with him and explain that he needs to respect the decision of the court, but see if the...View More
The house has been on the market for 2 years and has not sold. I moved out of the house after the divorce, but still continue to pay the mortgage as my wife continue to live there and has not paid any bills. The order does not state what to do if the house is unsellable. The monthly payments and... View More
If the house is not able to be sold, it really depends on the reason as to what remedy you will want to seek. In either situation you will need to petition the court for post-trial relief. It may be that the house has to be sold for less and you may want to get an opinion of a realtor if you go...View More
Your question does not indicate whether your grandson is adopted or is your biological grandson who was given up. If your biological grandson was adopted by another family he is no longer your legal grandchild. If your adopted grandchild was adopted into the family by your biological child, he is...View More
If you are unmarried then the father may first request a paternity test before the court will enter an order on child support. If he is determined to be the father then an order will be entered. Every county varies on time but expect to wait at least six weeks before the first conference is held...View More
I have had physical custody of my daughter for almost 2 years. I'm thinking about filing for sole custody because I feel she is unsafe with her mother the one weekend a month her mother has her. I wanna bring up her mother's drug issue but im afraid they might take my daughter away from... View More
If you do not live with the mother and you do not do drugs and are a good father, there would be no reason that anyone would take your child from you. You would file for a change in custody for sole physical custody or supervised custody due to the drug issue and the court will determine whether...View More
I filed for divorce in 2011. Spouse would not sign Divorce Papers. Case was thrown out after 2 years due to inaction. Then, Spouse filed for divorce in 2015. 2 years passed, nothing happened. Spouse filed to Proceed with the Divorce in November 2017. On the last day to file, spouses attorney filed... View More
An attorney is not required to obtain a divorce, however, you will need to process paperwork in order to obtain a court date or a final decree as they are not automatically scheduled. If enough time passes, the court may send notice that the case will be dismissed due to inaction unless someone...View More
Shes currently pregnant and I'm going through the daily unnecessary stress of knowing if she even is and if the child is even mines. She comes up with excuses everytime when I ask to see if she's made an appointment for our FIRST sonogram (she's close to 2 months by now, if she is).... View More
You will need to first establish that you are the father. You may face many hurdles as the office that handles Children and Youth cases may take the baby if the baby is born addicted and they may not be aware that you are possibly the father. Your question does not indicate where she is living or...View More
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.