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Pennsylvania Family Law Questions & Answers
0 Answers | Asked in Domestic Violence, Child Custody and Family Law for Pennsylvania on
Q: How do I recant a police statement about my ex in PA?

I reported my ex to the police over a month ago concerning an incident and now wish to recant my statement. No legal action has been initiated, though officials from Children and Youth Services have spoken to both me and my ex. I haven't discussed recanting with a lawyer or law enforcement... View More

0 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: Can repeated texts asking me to visit, after previous PFA dismissal, warrant a new PFA in PA?

I previously attempted to obtain a PFA against someone due to abusive behavior, but it was dismissed because the court believed I was lying for custody purposes. Recently, this person has contacted me four separate times through text messages, urging me to come to their house, despite knowing I am... View More

0 Answers | Asked in Landlord - Tenant, Child Custody, Family Law and Real Estate Law for Pennsylvania on
Q: Can I stay in the apartment and have my ex-girlfriend leave?

I have an apartment with my soon-to-be ex-girlfriend of 13 years, and both of our names are on the lease. She recently cheated and left me and our two kids for two months, then returned. Our daughter prefers that her mom leave and that I stay in the apartment. I have a complete work history and... View More

1 Answer | Asked in Bankruptcy, Family Law and Business Law for Pennsylvania on
Q: How can I protect myself from liability if my ex-husband defaults on a co-signed student loan in PA?

I am an endorser on a student loan that my ex-husband and I co-signed for our daughter. Repayment statements began arriving about a year and a half ago. My ex-husband, a sole proprietor of a business, filed for bankruptcy about three years ago, but federal student loans, like ours, are typically... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

You need to take immediate action to safeguard your financial well-being since federal student loans typically survive bankruptcy proceedings. First, request all loan documentation from AidVantage, including payment history and current status, to establish a paper trail showing your proactive... View More

2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Pennsylvania on
Q: Father's contempt petition vs. mother's jurisdiction transfer request - response timing?

I, the father, have filed a petition of contempt against the mother for arranging a psychological evaluation for our child without my consent, though we have joint legal custody. The mother has filed a petition to transfer the case to a new jurisdiction, as she and the child have moved to a... View More

Patrick J Cooper
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Patrick J Cooper
answered on Mar 27, 2025

You should always file your response timely according to the rules of civil procedure. You will want to check to verify whether the prior relocation order specified whether issuing court retains jurisdiction or if it provides for a transfer to the new state of primary residence of the child. I... View More

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0 Answers | Asked in Probate, Family Law and Civil Litigation for Pennsylvania on
Q: How can I address my exemption delay in a shared estate?

I am a co-executor and beneficiary of my mother's estate, sharing these responsibilities with my sibling who has narcissistic personality disorder and is an alcoholic. After my mother passed away, I requested the Family Exemption of $3,500 due to upcoming bills and was told by the attorney... View More

0 Answers | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Pennsylvania on
Q: How can I retrieve my belongings from my parents in Allegheny County, PA with police assistance?

I need to retrieve my personal belongings, including important documents and clothes, from my bedroom at my parents' residence in Allegheny County, PA. This should only take about 15-20 minutes. My parents previously allowed me in but rushed me and actively prevented me from retrieving my... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Can I move out of state with my child without custody agreement?

I am planning to move out of state with my 10-year-old child. We do not have any custody agreement or court documents supporting custody, and we were never married. The father is actively involved in our child's life, seeing her every other week, but he provides no financial support. He has... View More

0 Answers | Asked in Landlord - Tenant and Family Law for Pennsylvania on
Q: How can I evict my ex-girlfriend from my PA home?

How can I legally evict my ex-girlfriend from my house in Pennsylvania? She moved in with her children (ages 19, 17, and 10) in September 2023. My 11-year-old daughter and I have been staying elsewhere for her safety and mental health. My ex-girlfriend has never paid rent or bills, and there's... View More

0 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Considering 50/50 custody, summers with mom, school year with dad, no formal custody in place.

I am considering a 50/50 child custody arrangement where the child would spend summers with the mother and the school year with the father. Currently, no formal custody arrangements or court orders are in place. I am unsure if the other parent will agree to this proposed arrangement. How should I... View More

0 Answers | Asked in Child Support and Family Law for Pennsylvania on
Q: How will a new child affect my existing child support payments?

I am currently paying $1,000 a month in child support for my first child. I recently had another child with a different partner, and she plans to seek child support as well. How will this affect my child support payments?

1 Answer | Asked in Estate Planning, Probate and Family Law for Pennsylvania on
Q: Does my husband need a will for me to inherit everything?

My husband believes he doesn't need a will since he assumes I, as his wife, will automatically inherit everything. I think he should have a will. He has no legal documents regarding his assets, which are only in his name, and he wishes for me to inherit everything after his passing. He has... View More

Michael Cherewka
Michael Cherewka
answered on Feb 28, 2025

The short answer is for assets that are owned solely by your husband you do NOT inherit all of his assets when he dies. In fact, since the children are not from your marriage, you would most likely inherit only one-half (1/2) of his assets and the other half would go to his children.

if...
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0 Answers | Asked in Child Custody, Family Law and Gov & Administrative Law for Pennsylvania on
Q: How can I get custody of my kids from Puerto Rico to Pennsylvania?

I am the father of my children who were taken by the Department of Family in Puerto Rico due to alleged child neglect on the mother's part. I live in Pennsylvania and want to bring my children here, but they are not being handed over to me, even though they are not residents of Puerto Rico.... View More

0 Answers | Asked in Family Law and Real Estate Law for Pennsylvania on
Q: Will my pre-marital home remain separate in a divorce if not deeded to spouse?

I'm about to get married and currently own a home in Pennsylvania that I purchased before the marriage, with only my name on the deed and mortgage. Both my fiancé and I will be living in the home, and my fiancé will contribute towards the mortgage and home improvements. If I do not put my... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Pennsylvania on
Q: Can a custody judge refuse a modification if it was agreed a civil law suit settlement?

Ex husband and my dad involved in altercation. Judge ordered my dad’s visitation from granddaughter be eliminated. Two years later, ex sued dad for pain and anxiety. His lawyer said if go to mediation, pay 6 figure amount and agree to counseling, he will restore dad’s visitation rights. Dad... View More

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Jan 13, 2025

The judge is under no obligation to sign. Custody and visitation was not an issue that could have possibly been resolved in the civil lawsuit between your ex and your dad, as that suit did not have the child at issue in any legal way. The best that they could agree to was to go with a united front... View More

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1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Q: Do I need a lawyer if a poor loved one dies, with a simple estate?

My father has just died. He has a simple estate: no real property, no valuable possessions, and all his money is in a checking account, less than $10k. Do I need a lawyer to handle the details of his passing?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your father. Although some questions go unanswered here on the forum, you could try reposting and adding the headings, "Probate" and "Estate Planning."... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: my lawyer agreement for representation states that if the retainer amount is earned they will ask for another retainer

I was in contact with my lawyer multiple times he did not tell me that my retainer was exceeded or that I was being charged past the $2500 of my retainer did not get any invoices no billing until months after the conciliation was completed and all it was was a letter that said I owed over $2000... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2024

What is your question? Are you asking if you owe your attorney the additional fees? Have you tried having a reasonable discussion with the attorney? I suggest that you do this before deciding what to do about the additional fees. You should receive a detailed invoice outlining the services... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: How long do you have to appeal a divorce if you were forced under durress & under the influence knowingly by ex&lawyer?
Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.

In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are...
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1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: Hi there! I’m seeking an attorney to change a deed Who in Reading specializes in deeds.?

There’s a deed owned by 2 brothers in Reading, and one is deceased. The heir wants to put his name in place of his fathers.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 24, 2024

If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... View More

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Social Security for Pennsylvania on
Q: My parents are withholding my birth certificate and Social security card, can I get the police to return these to me?

I reached out to my parents to ask for my birth certificate and social security card, the original copies, I am 21, and they are refusing to give them to me. So I am considering having the police remove the documents from their house and return them to me, is this legal? I live in Lancaster PA, but... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2024

If your parents are withholding your birth certificate and Social Security card, you have the right to request these documents, especially since you are an adult at 21. These are personal documents that belong to you, and you should have access to them. In this situation, it’s important to try to... View More

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