Cary B. Hall's answer Contact your local police, and tell them you want to file charges under Title 18, § 6321 ("Transmission of sexually explicit images by minor") and § 3131 ("Unlawful dissemination of intimate image").
Under section 6321, the cops could also take his phone or computer (whichever was used to disseminate the video) and he'd never get it back.
Best of luck to you. Hard lesson learned here too -- don't forget it.
Cary B. Hall's answer Yes -- but you'll have to file a petition to involuntarily terminate birth mother's parental rights at the same time. If birth mother hasn't had any contact at all with the child within the past 6 months, your fiance will have grounds to terminate birth mother's parental rights.
Contact your county's Orphans' Court section -- they may have sample forms for filing both a petition to terminate and for adoption. Best of luck to you.
Cary B. Hall's answer Probably not. Pets are considered property under Pennsylvania law, just like a table, lamp, etc. If you've paid for the upkeep of the pet for the past year, a court will likely let you keep the pet. If she comes for the pet, you can politely decline her request. At that point, she'll have to sue you in court for the return of the pet -- and if she's already established another life in SC, it's fairly unlikely that she'll go to such lengths at this point.
Cary B. Hall's answer Yes. And you'll need to do some investigation to find the father's location so that he can get a copy of everything you file. Last known address may be sufficient, but you'll need to convince the court that you've done your best to locate him. So get started, and best of luck to you.
Cary B. Hall's answer Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.
Cary B. Hall's answer Probably, depending on your prior criminal record. Have your attorney (and get a public defender if you can't afford a private attorney) talk things over with the cops, and maybe that charge can get tossed at the initial magisterial district court level. Get something on the letterhead of your current treatment facility which details what happened to you that night ASAP, and give it to your attorney.
Best of luck to you. And stick around: life is worth living. :)
Cary B. Hall's answer Initially, who has the child now? Wherever the child has resided for the past 6 months, THAT'S the state that has jurisdiction over child custody matters. If your daughter is with you in Pennsylvania, but it hasn't been 6 months here yet, but the child WAS previously in your former state for at least a 6 month period prior to your move, then your former state has jurisdiction. If your daughter is with you in Pennsylvania and you haven't been here for at least 6 months yet, I suggest waiting...
Cary B. Hall's answer They'll probably ask you to wait outside the hearing room, but you can certainly otherwise come with him to offer moral support. If it's a hearing in an open courtroom, however, any interested citizen can attend such proceedings and observe -- including you.
Cary B. Hall's answer A 3rd DUI conviction in Pennsylvania will result in mandatory jail time of between 10 days and one year (depending on the subsection you're charged with). House arrest may be an option in some jurisdictions as well, and time spent in in-patient drug treatment facilities might also count.
As far as "options" if you don't qualify for a public defender, there are no pro bono attorneys for your 3rd DUI. You're in a jam you put yourself in, and now you'll do what you have to do to dig...
Cary B. Hall's answer It's not. In calculating child support, a court/Domestic Relations looks at the incomes (or earning capacities) of both parents and than "runs the numbers." It may be, however, that one parent is determined to have zero income/earning capacity for any number of reasons, in which case it does appear that only the other parent's work situation is being considered.
Cary B. Hall's answer If you can provide proof at any court hearing, my gut feeling is that there will be no penalty against you. If, however, you can't provide proof of payment for child care, a court may reduce your child support award accordingly.
But if you can provide such proof to your ex *before* the hearing, then do that ASAP.
Cary B. Hall's answer When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?
If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a family law attorney review all the paperwork on that issue to give you a more definitive answer.
If the latter, and your "child" is now an adult, your ex-husband no longer has any obligation to pay child...
Cary B. Hall's answer Honestly, kind of hard to understand your question! When you say "signing away their parental rights," you could mean two things: (1) at a termination of parental rights hearing (in Orphans' Court), a parent literally does sign away parental rights, or (2) at a custody hearing (in Family Court), a parent agrees to give up or limit custodial or visitation rights.
To determine which one you're talking about, I suggest you sit down with an experienced family law attorney to go over...
Cary B. Hall's answer If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.
Cary B. Hall's answer At least in Pennsylvania, until a court enters a divorce decree, you're NOT divorced -- even if a million years have passed. If, however, your soon-to-be ex-spouse refuses to sign consent paperwork in a divorce, there are things you can do to get a divorce decree without his cooperation.
I suggest you contact an experienced family law attorney and have a consultation to go over the specifics of your case. Feel free to contact me offsite if you like. Best of luck to you.
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