Questions Answered by Karen Ulmer Pendergast

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Dec 6, 2018
Karen Ulmer Pendergast's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 6, 2018
Karen Ulmer Pendergast's answer
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 other parent will agree to counseling to get to the root of the problem as to why he does not want go there.

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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Apr 4, 2018
Karen Ulmer Pendergast's answer
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 to trial.

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Apr 4, 2018
Karen Ulmer Pendergast's answer
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 your legal grandchild. I also am sorry to hear if your grandchild has passed and offer my condolences to your family.

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

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Apr 4, 2018
Karen Ulmer Pendergast's answer
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 from the date you file, and possibly even longer.

Q: Can my daughter be taken away from me?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Mar 27, 2018
Karen Ulmer Pendergast's answer
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 to modify the time mother has based on whether she is doing drugs, there is evidence and she does them around the child, etc. If you think she is doing drugs around the child, you should definitely...

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

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Mar 27, 2018
Karen Ulmer Pendergast's answer
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 notifies them that it is still pending. Your case will not, however, result in a final divorce unless one of the parties educates themselves on how to process the paperwork or hires a lawyer to assist...

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?

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Mar 27, 2018
Karen Ulmer Pendergast's answer
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 why you are moving. You will want to be in contact with whatever the agency is that handles Children and Youth claims as well as the hospital where the baby is born so that they know who you are and...

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