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Pennsylvania Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: What can I do to get a pro bono lawyer for my case?

I am in need of a pro bono lawyer because I am in a custody battle with my ex. I served my son's father papers for custody in Westmoreland county on October 10th 2024. On October 15th I had received Registered mail from my ex asking me to appear in court on October 17th 2024 in Beaver county.... View More

0 Answers | Asked in Patents (Intellectual Property), Family Law, Education Law and Juvenile Law for Pennsylvania on
Q: Can the prosecution change the reason they took you to court after 3 appearances in front of the judge?

We were taken to court for truancy then after like 3 appearances my daughter was removed from our home by children and youth and a family court judge because she wasnt doing schoolwork. They said i wasnt providing her with an education shes 15 and in cyber school i provided her with the tools to... View More

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: I have a current motion filed in NJ against my ex-wife that kidnapped our Son and ran away to Pennsylvania

I have a current motion filed in NJ against my ex-wife who kidnapped our Son and ran away to Pennsylvania with a boyfriend, without any court order or my consent, violating our MSA agreement, then blocked all communications with me and our Son, this is her 3rd parental alienation attempt. While... View More

0 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can the mother of my child keep him away from me

I have a 3 month old baby and the mother only lets me see him when she feels like it and even refuses to let me see him. This is my first child and I’m not sure how to go about any of this

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: I wanted to know how what paperwork I would need to start a custody order and how to obtain it in Berks County.

The father has agreed to give me sole and legal custody but I don’t know what paperwork is all needed to file it on my own.

0 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Q: Is my mother legally obligated to pay for my college tuition

My mom and dad are divorcing. My mother isn’t happy with me right now, so she cut off funding to my college tuition. She makes a great salary and can clearly afford to pay it comfortably. She has been contributing to a PA 529 account for both me and my sister for years. It’s been a known... View More

0 Answers | Asked in Family Law for Pennsylvania on
Q: My question is regarding runaways in the state of Pennsylvania.

This runaway is 15 years old has been missing for 3 weeks now and is now missing with one of her friends that lives a block away from us. Her grandmother has had legal custody of her since she was 18 months old and now the girls have stolen property. As well as stolen a credit card and have me... View More

0 Answers | Asked in Family Law for Pennsylvania on
Q: I am the appointed guardian to my father by the Philadelphia Orphan's court. What will happen to his money if he passes?

My father is divorced. My mother is deceased. My two sisters want nothing to do with him. I had him living with me for a month when he hit me. I had to 302 him and now he resides in assisted living.

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: How to counter corrupt CYS caseworker

My sister was on drugs, almost hurt her kids and refused to go to rehab. I gave CYS video proof and explained the situation about her and the oldest daughter. The oldest daughter giving alcohol and vapes to her 9 year old sister. CYS removes the kids and gave them to the 19 year old, even when... View More

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: In the court hearing i was asked if my ex husband gf can pick up my daughter and I said no. Am I in violation?

It does not mention anything about who is approved in the court order. Under transportation it says. except as the parties otherwise agree, the parent receiving custody shall provide transportation. But i do not agree with the person picking up my child.

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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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

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: Hello, my husband has a will with me asbeneficiary of tangible assets and our minor child as one on who gets his inherit

guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

Child support, in money, generally ceases upon death of the payor.

You can elect to take against the Will, however, your question offers no values to support a recommendation.

Confer with an experienced PA lawyer, armed with your full facts. to get your best recommendation.

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1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and White Collar Crime for Pennsylvania on
Q: Can a court enforce a protection order and issue penalties against a parent after involuntary TPR, despite a pending

Can a Dependency Court in Allegheny County, PA, still enforce a protection order and issue a Rule to Show Cause against a parent after the involuntary termination of parental rights, especially if the parent has filed an appeal?

If a parent's rights were involuntarily terminated and... View More

James L. Arrasmith
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answered on Sep 7, 2024

In Allegheny County, PA, after an involuntary termination of parental rights (TPR), a parent is generally no longer considered a "party" to the dependency case. The court's order stating that the parent is not to be notified of future proceedings indicates that their legal standing... View More

1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2024

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court....
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1 Answer | Asked in Family Law, Immigration Law and Social Security for Pennsylvania on
Q: Can I change my name in the US while residing abroad?

I am a US citizen (born in PA and have lived in OH, NY, MD, and MI) but have been living in Germany for the past 3 years. At the beginning of this year, I got married and I wanted to change my last name to take my husband’s last name, but I also want to change my middle name to my maiden name. In... View More

James L. Arrasmith
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answered on Aug 5, 2024

Changing your name in the US while residing abroad can be a bit complex, but it is possible. To change your name, you generally need to file a petition with the court in the state where you last resided or where you have some form of residency connection. Since you have a birth certificate from... View More

1 Answer | Asked in Family Law and Tax Law for Pennsylvania on
Q: My mom was gifted a car in PA by her father on 11/9/22 and he passed away 11/9/23. Is she subject to any kind of tax?
James L. Arrasmith
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answered on Aug 5, 2024

When your mom received the car as a gift from her father in Pennsylvania, there were no immediate tax consequences because gifts are not subject to income tax. However, Pennsylvania does impose an inheritance tax on the transfer of property from a deceased person to their heirs.

Since your...
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1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
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answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

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