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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law for Pennsylvania on
Q: Is a customary for CPS to designate a family member for adult supervision during a sexual abuse investigation?

My friend is saying that he is either being required or being asked to stay with her sister-in-law‘s family his brother was removed from the home due to sexual abuse allegations I one of his kids according to my friend none of them can leave the house. I’m not sure if this is the CPS thing... View More

Peter Christopher Lomtevas
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answered on Jan 15, 2024

We here really know nothing of the matter of which this writer speaks. This appears to be a dependency proceeding with either an upcoming shelter hearing or perhaps after a shelter hearing. We do not know which. The shelter appears to be the children's home, and the male parent is excluded on... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Hello. I live in PA. My wife moved out in February 2023. She and her kids still have belongings here at my house.what2do

I have asked her multiple times to come get the stuff. It's still here. we are not divorced yet, but I'm hoping very soon because I already paid half of the filing fee to file for divorce. I feel like I'm being taken advantage of. what should I do and should I seek legal advice?

Peter Christopher Lomtevas
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answered on Jan 26, 2024

What to do with the belongings is a difficult question to answer as we do not know the nature of the belongings. Ordinarily, marital property cannot be discarded near to the time of the filing of a divorce as doing that will lead to an allegation of marital waste followed by a demand for a refund... View More

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 Support and Family Law for Pennsylvania on
Q: If I marry a single mom can I be held liable for child support if it doesn't work out?
T. Augustus Claus
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answered on Jan 10, 2024

In Pennsylvania, marrying a single mom does not automatically make you liable for child support for her children from a previous relationship. Child support obligations are generally tied to the biological or adoptive parents of the child. Marrying someone with children does not create a legal... View More

2 Answers | Asked in Family Law, Civil Rights, Communications Law and Identity Theft for Pennsylvania on
Q: My cell phone is in my mom’s name but I pay for the phone bill. She went on my phone and gave photos of me to my job.

Is this allowed? I had a passcode, but she threatened my life if I didn’t give this to her. I’m now facing criminal charges potentially and want to know if the way my job obtained this information was even lawful.

James L. Arrasmith
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answered on Jan 5, 2024

The situation you've described raises several legal issues. First, even though the cell phone is in your mother's name, if you are an adult and the primary user of the phone, you have a reasonable expectation of privacy regarding its contents. This includes the photos stored on it.... View More

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1 Answer | Asked in Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: I was charged with harrassment on Christmas Eve. 3 days later i got 2 friends request. New years she files a PFA

Shes tring to ruin my life. 8 months ago I walked off my job because we worked together and she told me she wanted to screw my supervisor. Haven't found employment yet and then she contacts me after filing harassment charges and now files a pfa. I'm losing everything because of her... View More

Peter Christopher Lomtevas
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answered on Jan 6, 2024

There is no question here.

We agree that government has established systems to set Americans against each other. Domestic violence law is one such mechanism. Here, we see an unintended effect of this law: the use of protective orders as a sword rather than as a shield.

The asker...
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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

1 Answer | Asked in Family Law and Criminal Law for Pennsylvania on
Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

Peter Christopher Lomtevas
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answered on Dec 31, 2023

The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can my spouse gain my new car after a divorce?

I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More

Peter Christopher Lomtevas
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answered on Jan 4, 2024

This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.

The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in...
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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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2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
James L. Arrasmith
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answered on Dec 25, 2023

In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.... View More

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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Submitted divorce papers back in October.. can’t get him to sign them. What are my next moves to finalize my divorce?

I mailed him a copy of the divorce packet to be filled out. He has not filled them out or sent them back. He claims he won’t sign them until he gets his dog back..and she is registered to me! He had until November 19th to get the papers returned so now I’d like to know what my next move should be?

Peter Christopher Lomtevas
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answered on Jan 4, 2024

We cannot answer this question. We do not know what Pennsylvania "divorce papers" or "divorce packet" the asker mailed to her spouse. There are several very different "packets" as well as different waiting periods.

Assuming the asker filed a 3301(c)(1)...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.

I received a... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More

1 Answer | Asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

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

Q: My husband is having a affair and has my wifi hacked. Which allows hm to hack my phone also

It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations. One night it said I was about a mile from my house. So I pushed directions... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 30, 2023

You need to hire an attorney who specializes in family relations law and regularly practices in your county. There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation. If you wish to prove what you have alleged you will also need to hire... 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 Family Law for Pennsylvania on
Q: trying to get live birth record from harrisburg I was told to go to my local court house 4court order.isthatfamilycourt?

I’m in Philly just trying know which court can I get a court order for this and can a lawyer represent me?

James L. Arrasmith
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answered on Nov 17, 2023

In Philadelphia, to obtain a court order for a live birth record, you would typically go to the family court or the court of common pleas, as they handle matters related to vital records and personal documents. The specific division or department within the courthouse can vary, so it's a good... View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe

The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation.

The fact that the home is solely in her name...
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1 Answer | Asked in Employment Law and Family Law for Pennsylvania on
Q: My daughter-in-law’s employer is requiring her to work full time for a full year after the birth of her son so that her

maternity cost are covered. If she quits before the full year is up can they hold her legally liberal for any insurance costs?

T. Augustus Claus
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answered on Nov 9, 2023

If your daughter-in-law's employer is requiring her to work for a full year after the birth of her son so that her maternity costs are covered, this is a violation of the PHRA. Even if she quits before the full year is up, her employer cannot hold her legally liable for any insurance costs.

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