Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Family Law Questions & Answers
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 Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

These questions suggest to me that you're trying to handle this divorce without the assistance of an attorney. Briefly, if the other party doesn't wish to sign the Affidavit of Consent, then you have to wait until you've been separated for one year. You'll want to read the court... 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

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 2, 2023

If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent...
View More

View More Answers

1 Answer | Asked in Social Security, Divorce and Family Law for Pennsylvania on
Q: Been married 40 years need to leave and my husband has disability and pension for income I said I need half to move out

He said he will only give me half pension he said he will not give me half of disability income it's against law is that true

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts... View More

1 Answer | Asked in Family Law and Civil Rights for Pennsylvania on
Q: Is what my mother doing legal

I’m 20 years old and I am on a phone plan with my mom and a guy who’s a friend of the family, the friend is the phone account holder. My mom tells me she logs into the AT&T app and reads mine and my boyfriend’s messages without my permission, she’s not the account holder and is that an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Reading someone else's messages without their permission is a violation of their privacy, regardless of whether or not the person doing the reading is the account holder. As a legal adult, you have the right to privacy and your mother does not have the right to access your private... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: In Pennsylvania how do I communicate with judge regarding custody.

The custody order states son should be in therapy within 7 days but I can't get appointment until June 12, 2023. The hearing is scheduled for May 30 and trial is June 12, 2023. I want to inform him of this but can't contact him by phone. Can I write him a letter or do I have to file... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

You should hire an attorney to assist you in preparing a motion to extend the time to begin therapy with affidavits from yourself and every relevant therapist explaining in detail why you are unable to get a therapy appointment scheduled earlier.

If the court ordered therapy to begin in...
View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
View More

View More Answers

1 Answer | Asked in Family Law for Pennsylvania on
Q: What is the process for ACT 65 of 2020? Are there forms required and available to start the process?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This very vague question has no answer.

Pennsylvania children, like all other children of all other states, will from time to time exhibit self-injuring behaviors. Some will exhibit homicidal behaviors. The instinctive reaction of surrounding adults is to say the child needs mental health...
View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: My son was told he is a father. The woman will not communicate or introduce the child to him. The baby was born 9/30/22

What is the next steps for him or me as a grandparent

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

The son can file for paternity (best to retain an attorney), and then be prepared to pay child support for eighteen years unless he litigates throughout. The asker will have difficulty in petitioning for grandparent visitation because the family statutes place the biological parents up front as... View More

1 Answer | Asked in Adoption, Child Custody, Criminal Law and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists with Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, my name is Amber. Im look for information or help on establishing paternity for my son, who’s father passed away

Hello, my name is Amber. I contacted my local domestic relations office to see about establishing paternity, they said I have to contact an attorney. My son was born December 30, 2022, his father and I signed an acknowledgment of paternity form at the hospital on December 31st, 2022. I decided to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is an impossible question to answer because of the state of statutory law that governs deceased paternity.

The hair samples that are collected outside a court order are inadmissible. The samples had to be collected under a court order to better support their reliability that the...
View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am 17 and I have a daughter, I was looking to be emancipated in Pennsylvania

I provide all expenses for me and my daughter except for a house. My mother is making it extremely difficult for me to parent my daughter. I live in franklin county, pa, which said they do not recognize emancipation. Is there any way for me to bypass that?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

Pennsylvania is a very weird bird when it comes to minors (people under 18 years of age). Pennsylvania allows minors to file 'private petitions' and recognizes minors as having standing when they lost access to both parents. However, all courts treat minors as minors even though this... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I file a petition to voluntarily terminate my parental rights?

4 yrs ago I was arrested & ejected from my house for terroristic threats. I threatened to execute my ex wife by sticking a butcher knife in the back of her skull while my 5 year old son watched, then continuing on to kill my son, the family dog & myself (I was under the influence of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 11, 2023

No, you cannot. If the child's mother files to have your fights terminated in connection with an adoption, then you may sign a consent to the termination. Otherwise, no.

1 Answer | Asked in Family Law and International Law for Pennsylvania on
Q: HI, asking again. Would there be any legal reason PA would NOT recognize a international marriage of PA residents?

I have no basis or reason to ask other than someone that was married in Italy said when they came back home they had to go to JP to remarry, PA would not accept their marriage as legal.. I dont know why. I am planning a romantic fall marriage in Italy with my fiance and we will reside in in PA... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

In general, if a marriage is legally valid in the country where it took place, it should also be recognized as valid in the United States, including in the state of Pennsylvania. However, there are some limited circumstances where a foreign marriage may not be recognized as valid in Pennsylvania.... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: We have been separated for 2 years, prior to the housing boom, are they now eligible for the new inflated worth?

Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

The value of the marital home equity is generally determined as of the tie the case goes to court, or as near to that date as possible, but there may be factors which would support using a different approach. If you consult with a local attorney experienced in family law, you should be able to... View More

1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.