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Pennsylvania Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: In Pennsylvania is it legal for an ex spouse to record phone calls during her calls with the kids

My ex is saying that she is allowed to record our children during the phone call because she is the mother and they are minors. I never gave her consent to record any of the calls.

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Jasmit Kaur Dhaliwal
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answered on Feb 21, 2024

Establishing paternity is sometimes necessary to clarify rights and obligations. Paternity suits can be initiated to determine biological fatherhood through a blood test. This allows a biological father to secure visitation rights or enables a mother to obtain child support from an unwilling... View More

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Scorned Mother lingers around making kid cry at custody pickup, what to do?

Every time I pick up my child, my son is crying and is reluctant to get in my vehicle. He loves being with me but mother is a “scorned woman” always trying to interfere and my son has already told me how “once he gets older he can choose who to be with” which is an idea implanted by mother.... View More

Peter Christopher Lomtevas
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answered on Feb 7, 2024

It is not clear as to whether this is a New York parent's question or a Pennsylvania parent's question. The laws of the two adjoining states is vastly different, and therefore outcomes are vastly different. Some elements are identical though.

In both states, as can be expected, no...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: I have family members and their partners threatening to kidnap my children, my husband family hates me and threaten us

They hate that we’re together and fixing issues in our marriage and have been very agressive with actions trying to manipulate him to leaving. He fought back and stayed by my side and now his family is threatening to kidnap the kids. Local cops said best thing to do is run away but that doesn’t... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you feel frightened and overwhelmed by the threats your family members and their partners are making against your children. It's crucial to take these threats seriously and seek assistance from law enforcement immediately. You can file a report with the police... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Really need advice, not sure how to go about this

Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More

James L. Arrasmith
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answered on Jan 22, 2024

Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I record my virtual visitation in PA without the other parents consent?

The mother is telling me I don't have her consent and won't let me talk to them if I am recording. This is because she has been warned to not interrupt in the order. But now is trying to hide behind the wire tap law in PA. She is still interrupting but doesn't want me to have evidence of it.

Peter Christopher Lomtevas
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answered on Jan 28, 2024

The general philosophy in any Pennsylvania legislation is that people are always treated like cattle being led off to slaughter.

As to the central issue in this question, Pennsylvania recording law provides that it is a two-party consent state. In Pennsylvania, it is a criminal offense to...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: can you offer to drop a child support case if the other party agrees to sign away his rights?

I have full legal and full physical custody of my 3-year-old daughter. I have a teleconference call with my daughter's father and a child support conciliator. can I offer to drop the case if he signs his rights away. he didn't meet her till she was 7-month-old. old filed for custody... View More

Peter Christopher Lomtevas
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answered on Jan 14, 2024

We here are strictly prohibited from assuming the position of a lawyer representing a client and rendering legal advice. We cannot say what legal steps an asker must take to arrive at her legal conclusion. We can educate, and that is how best to approach this asker's question.

In a...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: My in-laws are suing me for custody of my daughter, who I have custody of

She was staying there when the grandmother was sick and helping out and never came home. I’ve asked many times but my daughter says it’s easier since there is a woman up there and we are men down here. They are only a quarter mile from me and I do as my daughter ask Rides to Doctor appointments... View More

T. Augustus Claus
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answered on Jan 4, 2024

In custody disputes, the court's primary consideration is the best interests of the child. Pennsylvania law generally favors the involvement of both parents in a child's life unless it can be demonstrated that it would not be in the child's best interests. In your case, it may be... View More

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
T. Augustus Claus
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answered on Dec 20, 2023

In Pennsylvania, if your ex-partner willingly decides not to exercise their scheduled custody time and explicitly communicates that they don't want to see the child during their designated time, it is unlikely that you would be held in contempt for keeping the child during that period.... View More

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: What can I do to expedite a child custody modification for Christmas school break?

I will file a petition to modify child custody and for a contempt hearing but the process takes time and the pressing issue is that the parents do not agree on the custody for the child's school Christmas break. What can I do to expedite a child custody modification hearing to at least address... View More

Peter Christopher Lomtevas
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answered on Dec 31, 2023

This is a very noteworthy question which reveals a major flaw in Pennsylvania custody justice. Apparently, this asker endured a previous custody court proceeding that ended in an order that fixed child access at that point in time when the child was an infant: possibly day visits or infrequent... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Pennsylvania on
Q: "Redlining" and Child Relocation

Is anyone out there aware of "redlining" and how it can affect a child relocation decision, or appeal? Explanation: Parent was allowed to relocate child to the Upper East Side of Manhattan (2 hrs away). Non Relocating parent can not afford to move closer to NYC. Essentially... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

This asker confuses issues to the extent that he can never understand what happened and how it happened. We will disassemble the best we can how a §5337 relocation went south for the asker.

Synopsizing the facts, we see there was a modification of an order of custody that granted the...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a mental health counselor that has treated the mother and father represent just the mother I. A child custody matter

The counselor is a mental health counselor at a center the mother and I both receive treatment at. Now the counselor is acting as a attorney for Mt ex the mother of my 5 yea old son in a custody.matter. she had access to all my personal Imformation. I'm not sure what ti do or who to contact... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

That is an interesting, and somewhat novel, professional ethics question. I would report the individual to the Pennsylvania State Board of Social Workers, Marriage and Family Therapists, and Professional Counselors and to the Pennsylvania State Bar Association and let them sort it out.... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Am I able to get visitation rights being my mother refuses to let me see my children?

My mother has full custody of my 2 younger children and she stopped letting me see my to children and blocked me on social media and changed her number without warning

Karen  Ulmer
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answered on Jul 27, 2023

I am sorry to hear of your situation, it must be extremely painful. If your parental rights have not been terminated, you will need to file a Modification of your current custody order if your current custody order does not provide any scheduled visitation for you. Whatever issues you were having... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What are the steps to take for a mother and father to remove a grandparent from a custody order?
Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

Assuming the grandparent doesn't wish to agree to be removed, the parents would have to file a petition to modify the custody order. Before doing so, I strongly suggest that the parents speak with a local attorney experienced in familyu law for a private consultation during which they can... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex is telling me she is going to have her therapist fill out document for court stating I cannot have 50/50 custody.

Her therapist is stating that our 4 yr old needs stability and our 1.5 year old needs to bond with her mama. Currently I see my children 4 days a month. We do not have any formal custody agreement, this is all verbal between us. I want to take her to court for custody so I can get 50/50 and se my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

It's difficult to know what impact the letter from your wife's therapist might have. Ordinarily, if someone wants to present someone's opinion, they need to bring that person into court to do present in via testimony. What you really need to do is to consult with a local attorney... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I'm trying to figure out who has legal rights to my son?

Long story short, I seperated from my husband and had a child with another man before the divorce finalized. The man has made zero contribution to my child but did sign an acknowledgement of paternity at the hospital at the time my child was born. I filed for child support today and domestic... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

Consult with a local attorney experienced in family law. Domestic Relations should not be handing out legal advice. If your family was not intact when the child was born then it's not likely that your former husband has any support obligation for this child. Retain an attorney to guide you... View More

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