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Questions Answered by Cary B. Hall
2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: If I have just been granted sole legal and physical custody of my children how do I get them?

A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 11, 2019

Contact the court's Sheriff's Department and give them whatever contact information you have for her -- esp. if you can find an address for her. Give them her social media accounts too, if any. Ideally, you coordinate things with the Sheriff and/or the local police so that you're present when... Read more »

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1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Pennsylvania on
Q: What to do when a verbal agreement surrounding custody isn't being honored?

A friend of mine made a verbal agreement with the father of her children to get away from his abuse. He told her that if she gave him full custody and let him keep the house that he wouldn't contact her in any way including child support. She wanted the details of the agreement added to the custody... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

She can immediately file for custody -- and should. She should also consult with a good family law attorney as well to discuss her various options and plot her next move(s), including about dealing with the house situation.

Feel free to pass my name along to her and have her contact me....
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: Current custody order states that “child shall attend school in district where mother resides” can my ex fight this?

moving back to previous neighborhood after temporary move to another school district

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

Custody orders are always reviewable by courts, so yes -- your ex can "fight" this by filing a petition with the court.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My daughter was taken out of state by her father. I want to get custody and avoid lawyers and court costs.

My daughter is 15. She's lived with her dad as a mutual agreement since she was 8. I have the other daughter, 17. He recently moved out of state against my wishes. There is no custody agreement or child support. She wants to live with me. If I file for custody once she's with me on a visit, what... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

Everybody wants to avoid "lawyers and court costs." Everyone also wants to avoid plumbers -- until your toilet doesn't work, and then you want one. "Lawyers and court costs" are the same: if you want something involving lawyers and courts, then you have to deal with them. So my first bit of... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My 6 year old (7 in two days) stayed in my locked, not running car while I went into a store. Cops were called.

I was driving my kids home from visitation with their dad. My 6 year old who will be 7 in two days fell asleep. I'm a diabetic and noticed my blood sugar was plummeting, so I stopped at a store to grab a soda to keep my sugar up until I got home. My 5 year old came in with me, but my 6 year old... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

Your recourse is to wait until you're contact by your local children-and-youth department, and then cooperate with their investigation. You situation does not sound dire -- but next time bring both of your kids inside with you. They don't yet get to decide if they want to wait in the car, but... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation. This...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support

The mother of my children moved out of PR to PA and refuses to tell me her location and refuses the children to see me. The oldest child is 17 in April and the second one is 16 in April. They both work part time jobs.

I was told PA emancipation age is 18 and PR is 21 and even though she... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 5, 2019

If this has all occurred within the past 6 months, Puerto Rico would likely still have jurisdiction over the custody case. File something immediately in PR, and use her last known address in PR for service of your motion. Having local PR counsel is also advised -- he or she can be of immense help... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Pennsylvania on
Q: Received 1991 texts between 7/1/19 thru 12/3/19 day and night can this be considered harassment

I share 50/50 custody with him and have told him not to contact me unless it is about our child he goes back in forth within mins of hating me and loving me

Cary B. Hall
Cary B. Hall answered on Dec 3, 2019

Yep, I'd call that harassment. Contact your local police about it.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Facing 3rd DWI before being convicted of the first. The 3rd involving a minor?

My girlfriend was convicted of her first DUI in July 2019. Before receiving her paperwork, she got another DUI. Both in the 3rd tier. Last night she got another DUI with a minor in the car. She is currently in rehab. Will they all be considered 3 first offenses?

Cary B. Hall
Cary B. Hall answered on Nov 22, 2019

Unfortunately not. The law changed several years ago and closed up that loophole.

Her best bet to avoid serving time is to continue in rehab and try to take advantage of some sort of treatment diversionary court. Having a good criminal defense attorney will certainly help in that regard,...
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1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Divorce for Pennsylvania on
Q: I purchased a house and my wife had just her name put on the deed. She refuses to add my name. What do I do

My wife and I purchased a house in mckean county which I paid for. Ahe doesnt work. She contacted the attorney and told them to put only her name on it. They didn't contact me to see if it was ok. However my wife is refusing to put my name on it and now I have a feeling she is going to sell it out... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 21, 2019

I suggest filing a "lis pendens" against the property in McKean Co. in the Prothonotary's Office there. Anyone looking to purchase that property in the future should see that there is a cloud on the title with that filing.

Best of luck to you.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Ignorance, naïveté, & gullibility... left me w/ supervised visits of my son. I need HELP to modify a custody agreement?

My controlling, emotionally abusive ex cuts my visit short every wk now.

He never discusses Anything w/ me relating to our child. I’m not “allowed” at doctor’s appts anymore, not “Allowed” to FaceTime with my little dude, & Now not even “Allowed” to ask ‘Why?’ about... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 13, 2019

No way you're going to have any reputable family law attorney give you any "magic words" here in this forum. You need to schedule a consultation face-to-face and discuss the details of your case that way. Every family law case is different -- there's no one-size-fits-all, alas (or even most!) --... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Mother filed a false protective order to get child then moved out of state "Pennsylvania " we lived in Maryland

We were in MD for 9 months. She has been in PA for 3 weeks and has blocked all communication with me and now I received support papers in the mail box.but haven't been served with anything...I have filed for custody in MD waiting to hear from the court...how can she file in PA and do I have to get... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 1, 2019

She's playing the jurisdictional game, obviously -- and she won't win. But in the meantime, it's a huge hassle.

I say you do nothing on the support end of things, esp. if you haven't been formally served with anything (and don't sign for anything yet). You may want to consider filing an...
Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Would a 2014 child custody order still be in effect if the parents moved back in together months later? (Still together)

The other parent and I are still living together . We were separated only for four months in 2014. During that four month separation, the court order became effective.

The court order states that both parents are to make decisions regarding medical care and mental health treatment, but... Read more »

Cary B. Hall
Cary B. Hall answered on Oct 30, 2019

The court order is still in effect until changed by the court, or until the child is emancipated. If the other parent will not agree to counseling for your child, you can file an emergency petition for relief under the same custody caption and ask the court to order that the child receive... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty

I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty. It's now on my record. I was in treatment for a year and never served and never returned to my house bc the bank took it back in the yr I was gone. Is this legal? I now have 18 months... Read more »

Cary B. Hall
Cary B. Hall answered on Oct 15, 2019

You need to have an extended talk with a Pennsylvania attorney ASAP to try to straighten this out - that's the best advice I can give you at this point. "Is this legal?" in an online forum isn't going to cut it. If your case is from a county in the southeastern region of Pennsylvania, I'd be... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: So a year ago someone stole narcotic pain pills from me. I told the person if they got help I wouldn't press charges

That being said the person got help but is now back into pills I want to press charges for the theft a year ago can I still do this or is it to late?

Cary B. Hall
Cary B. Hall answered on Oct 5, 2019

You should be good. Contact your local police to press charges.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I received a 2nd Dui general impairment did 5 days in jail paid $2500.00, driving school, assessment, and community

Service. Why does my letter say 18 months

I turned my license in early May of 2018

But I'm eligible to get them back May of 2020

Why 18 months and why 2 years

It should have been 12 months suspension which should be done and over

Cary B. Hall
Cary B. Hall answered on Oct 2, 2019

Your PennDOT Restoration Rights Letter should tell you all about your suspensions and when you're eligible to have your driving privileges restored. A 2nd DUI carries an 18 month license suspension. Perhaps you had an additional suspension for something else for another 6 months? Check the... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: hunting for free lawer for dui charge first time
Cary B. Hall
Cary B. Hall answered on Sep 28, 2019

Contact the Public Defender's Office in the county in which you were arrested.

Best of luck to you.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My child support was calculated wrong, they included my mandatory pension amount into my net pay? What can I do?

Modification has been filed will they go back and fix original order?

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

You can file a petition to modify support with your Domestic Relations Section.

Best of luck to you.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek that from...
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