Questions Answered by Rebecca A Myers

Q: My husband left me over 9 years ago. How do I get a divorce from him with us being in different countries?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 28, 2017
Rebecca A Myers' answer
If he is willing to cooperate in the divorce process and does not want to have any other issues addressed either, then it would not be terribly complicated. However, if he will not agree you will likely need an attorney to assist you in getting permission to serve him specially at the very least.

Q: I have retroactive arrears on child support but received notice of refund offset. Is this a mistake? I'm not delinquent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Answered on Jan 27, 2017
Rebecca A Myers' answer
While it really shouldn't be the case, even arrears due to retroactivity can trigger refund intercepts and other collection actions if the amount is high. You or your counsel should try contacting donestic relations to see why the intercept was issued and if there is anything that can be done under the circumstances

Q: Can I change the locks on the house so my husband can't come in?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Jan 25, 2017
Rebecca A Myers' answer
It depends. If you are co owners of the residence, the short answer is no. He has every bit as much right to be in the home as you do if you both own it. However, there is a right in PA to seek an order of exclusive possession which would bad him from entering the home and allow you to change the locks. However, a divorce complaint must be filed to request exclusive possession and that will impact other rights. You should consult with an attorney to find out how.

Q: One of the punishments my ex put my son through was making him stand in the corner naked. Is that enough to call CPS?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 4, 2017
Rebecca A Myers' answer
That is a very concerning form of punishment. not knowing any more about the situation it is difficult to be certain, but that sounds inappropriate and if you are concerned for your child's safety while in his father's care you should contact cyf and/or your local PFA office.

Q: Is filing papers the only thing I can do?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2017
Rebecca A Myers' answer
you need to file for custody right away and file an emergency Motion for an interim custody order. You need to speak with an attorney right away. Without an Order of Court to the contrary, he is free to pick the children up or otherwise exercise custody of the children. You should retain a lawyer right away to address the situation though the Courts.

Q: Can my son's father take him without my knowledge and leave state?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2017
Rebecca A Myers' answer
It depends. If there is not a custody order in place and the two of you do not have a written custody agreement, then he is able to travel with your child just as you would be able to travel with your child without his permission (barring any federal rules regarding international travel that may affect your ability to do so. )

Typically, a custody order or agreement will address the partie' rights to travel with the children. Typically they include provisions that state how long a...

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