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Questions Answered by Karen Ulmer Pendergast

2 Answers | Asked in Family Law for Pennsylvania on

Q: Can my ex call back into domestics after modification hearing and be granted more without me there?

Had modification hearing and we agreed on 350 then she called back after and asked for more and they granted her 475 plus 50 a month for a total of 525

Karen Ulmer Pendergast answered on Dec 6, 2018

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.

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

Q: My son is 16 years old let me lives in Pennsylvania but does not want to go back to his father what do I do

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 have... Read more »

Karen Ulmer Pendergast answered on Dec 6, 2018

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... Read more »

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

Q: The decree states that our house be sold, but it won't sell...

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... Read more »

Karen Ulmer Pendergast answered on Apr 4, 2018

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... Read more »

2 Answers | Asked in Family Law for Pennsylvania on

Q: When adopted son dies is his child still my legal grandchild

Karen Ulmer Pendergast answered on Apr 4, 2018

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... Read more »

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

Q: I filed for child support from my daughter's father. What if he denies being the father and doesn't sign the AOP ?

I also want to know how long it will take to be scheduled for a hearing

Karen Ulmer Pendergast answered on Apr 4, 2018

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... Read more »

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

Q: Can my daughter be taken away from me?

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 me until... Read more »

Karen Ulmer Pendergast answered on Mar 27, 2018

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... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: What happens when a spouses Attorney Quits the case prior to finishing the divorce in PA?

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... Read more »

Karen Ulmer Pendergast answered on Mar 27, 2018

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... Read more »

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

Q: Im moving from Pennslyvania to Texas in a few months and I want full custody of my child? Is it possible and if so how?

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). She makes... Read more »

Karen Ulmer Pendergast answered on Mar 27, 2018

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... Read more »

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