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Questions Answered by Cary B. Hall
1 Answer | Asked in Child Custody for Pennsylvania on
Q: I want to file for custody of my son but I don't know his father's address. Is there another way to get custody?

From what I've heard he's homeless not working an cant support himself. My son hasn't been in school for over 2 months now.

Cary B. Hall
Cary B. Hall answered on Feb 27, 2020

You should contact the Montgomery Co. Office of Children & Youth ("OCY")immediately to let them know what's going on. Their contact information is located here:

https://www.montcopa.org/149/Children-Youth

They can take more immediate action than you can in a filed custody action....
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: In a custody order it is stated that the Father is responsible for Health Insurance. Who pays the rest?

Who pays the deductible and other out of pocket expenses? It does not say anything other than the father pays monthly support and Health Insurance.

Cary B. Hall
Cary B. Hall answered on Feb 26, 2020

The parent with primary physical custody will pay all out-of-pocket expenses up to $250.00 during the calendar year for each child. Anything greater than this amount should be allocated between the parents by a percentage ordinarily contained in the child support order. That monetary amount could... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How can my granddaughter get new lawyer

oyc took granddaughter child who is yr old she have been doing all that ask but the oyc worker is not happy with anything she does she has had 3 drug test passed them all she has talk to granddaughters mother who has told a bunch of lies to the worker who apparently believes her lies and her... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 25, 2020

Your granddaughter can hire any attorney of her choosing at any time. If she has a court-appointed attorney, however, or is being represented for free by a legal aid organization, *and* the feeling is that the "free" attorney isn't doing his/her job, then it might be time for the family to come... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Hi, my mom whom I lived with when my daughter was born 6 years ago lied and convinced me at the time that she was

given custody of my daughter by the court I was 17 at the time and my Grandmother backed this lie up and has my daughter in Deleware, while my mom is in PA. How do I get my child back now? I found out that no custody order ever existed and its been six years. I live in Pa. as well

Cary B. Hall
Cary B. Hall answered on Feb 25, 2020

If your daughter has been with your grandmother in Delaware for the past continuous six (6) months, then you'll need to file a custody action in Delaware -- and consult with a Delaware family law attorney about how to do that. Pennsylvania would no longer have jurisdiction.

Best of luck to...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I got an underage drinking charge and was wondering if I could get my license suspended. I’m under 18 years old
Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

No - that law changed last spring (2019). No driver's license suspension for underage drinking citations any longer.

Best of luck to you.

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a result of your repair... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Our commercial lease agreement was signed almost a year ago, but we still have not been granted occupancy.

Is there anyway that the lease could be void or broken due to the length in time and the long wait period that we are losing for business opportunities?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

Your answer likely lies within the lease terms, so you should review your lease carefully. If you're having trouble with that, then seek the assistance of counsel.

If the lease terms offer no guidance or solace, then you could most likely file a claim for breach of contract (since you're...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Help with an Underage.

I just received an underage from 3 months ago. My race is wrong on the report. Also, the person driving is trying to get his charges dropped by claiming the officer made an unlawful stop. How will all that affect my fine?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

I don't think it will at all. Pay your fine as soon as you can -- and find a way -- and then be done with it.

Best of luck to you.

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: When can you be required to pay an attorney engaged by someone else?

A divorcing couple owned two houses. They agreed that Party B would get the better house and Party A would take their small and run-down first house. Party A could not get a mortgage for the property because too little was still owed on the original loan and nobody would write a mortgage for that... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

Party B may want a helicopter too. Should Party A pay for it?

Sounds like Party A is not liable to pay the attorney bill because Party A never contracted with the attorney for legal services . . . but sounds like Party B did. So don't pay it.

Best of luck to you.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Pennsylvania on
Q: Co op community daughter was pulled over gota dui and small amount of pot.shes not on my lease but lives here can i be

1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

I doubt it -- but I suppose you should look to the terms of your lease (instead of the DUI laws).

Best of luck to you, and her. If your daughter needs some assistance with her DUI case -- and there are legal traps for the unwary! -- feel free to have her contact me offsite.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Can I obtain free legal aid for my child who was assaulted

Original officers said they can’t do anything because the marks are no longer visible

Hit with a belt in head, back and neck

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

If you suspect the abuse was committed by an adult in charge of your child's care (like a relative), then you can certainly contact your local Children & Youth agency to report it. I see you're posting your question from Philadelphia, so you'd contact the city's Department of Human Services.... Read more »

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I need advice on a dui sentence in pa first offence in 2018 still have suspended license

Was sentenced a week ago and was incarcerated. License was suspended in 2018 and still suspended till 2021

Cary B. Hall
Cary B. Hall answered on Feb 20, 2020

Then you should contact (and sit down with) an experienced DUI/criminal defense attorney to discuss. Not enough information given to help you here.

Best of luck to you.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If my accusor passed away earlier this month will my case be thrown out?

I was accused of forgery from a woman that I was doing landscaping for, she recently passed away and I received a plea agreement from the state, I have not accepted it, as most officers have told me that the case will be thrown out. What are my next steps from here, will this case be thrown out?

Cary B. Hall
Cary B. Hall answered on Feb 17, 2020

Likely, but not necessarily. If she gave a statement to the police or District Attorney's Office before her death, there may be a way they can get that statement into evidence in a trial against you (as well as hearsay from her before her death as told to police officers, etc.). So you're not... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can i get a misdemeanor possession of paraphernalia expunged? I plead guilty to having a glass pipe on me in 2018.
Cary B. Hall
Cary B. Hall answered on Feb 11, 2020

It depends upon the county practice in which you pleaded guilty, and exactly how that plea was couched.

If you were accepted into your county's ARD program (short for Accelerated Rehabilitation Disposition), then satisfactory completion of that program ends with an expungement of the...
Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: Can a marijuana DUI stack on previous alcohol DUI'S in PA?
Cary B. Hall
Cary B. Hall answered on Feb 10, 2020

Yes.

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: I was arrested on December 20th 2018 for possession and intent to deliver I had it dismissed at the district level what

I need to know the statute of limitations on re-arrest and recharged cuz I was never tried and I have to go back to the police station to get my belongings and I'm afraid they may have re-arrest me

Cary B. Hall
Cary B. Hall answered on Feb 7, 2020

The statute of limitations for Possession with Intent to Distribute (PWID), an ungraded felony, is five (5) years. The statute of limitations for Possession of a Controlled Substance, an ungraded misdemeanor, is two (2) years. So they've got a long time to re-charge and re-arrest you if they want... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I wanted to see what my husband and I can do legally to keep a toxic family member from seeing our children.
Cary B. Hall
Cary B. Hall answered on Feb 5, 2020

If the toxic family member has no legal custody rights to your children, then that family member has no right to "see" them either -- and you and your husband, as parents, can prevent access between the two.

If the toxic family member is a grandparent, I will tell you that he/she does have...
Read more »

1 Answer | Asked in Criminal Law and Child Custody for Pennsylvania on
Q: I was wrongfully charged with sexual assault against a minor.

I was incarcerated for a month and a half then I was released because my son recanted his story but while I was incarcerated they had a court date for custody for my oldest child but being as though I was not present they pushed his court date back and granted my children's cousin sole custody of... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 28, 2020

Your plate is unfortunately full of bad luck! Sorry to hear it.

Also unfortunately, you haven't posed a question -- so there's nothing for me to answer. Try again?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My boyfriend and I have 3 kids together but I kicked him out. He is threatening to take my 2 girls with him can he?
Cary B. Hall
Cary B. Hall answered on Jan 27, 2020

Let's backtrack. If "your" two girls are two of the three children that you and your BF have together, then your BF has just as much legal right to have them as you do. If the two of you can't agree on who will have legal and physical custody of your three children, however, then one of you will... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was arrested 2 months ago for supposedly shoplifting and after the fact drugs. Why do I not have any paperwork?

Why do I not have any amounts or items. I never got any paperwork. I have never really been in trouble. I have been having major issues with health.

Cary B. Hall
Cary B. Hall answered on Jan 27, 2020

The Police Criminal Complaint might have been mailed to you, and maybe you never got that mail because the cops and courts don't have your current mailing address? It's common for the cops to use the address from your driver's license -- and sometimes folks forget to update their address with... Read more »

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