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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2023

I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can cys threaten to make all urine test positive? If you test or not.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

Phrased another way, is the question can CPS default or impute a positive refused drug test? Yes they can and so can the judge in the case.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Reason being he didnt find out he had a daughter out there until OCY contacted him and she was already in the system.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The key to adjusting and modifying any child dependency matter is to convince the child protective apparatus to go along with an idea to keep the child under the government's supervision while the biological father raises the child the best he can. Without further information, we cannot opine:... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: If my son files for custody can he get his daughter out of foster care due to the mother's negligence?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 20, 2022

To do so can be rather complex and he really needs to consult privately with an attorney familiar with dependency cases. The rhetorical question that occurs to me is why he didn't take action when the dependency case was first filed.

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Custody agreement question in Pennsylvania.

If there is an agreement, and both parents decide to make changes to it, and follow this for a year, can one parent deide suddenly to go back to the original order because a petition was filed for a modification?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

Yes because a court order also overrides an agreement. However, you can always attempt to present the agreement to the court as evidence of what the two of you had been doing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Children and Youth services of Pennsylvania. What are my rights?

Children and Youth services of Pennsylvania showed up to my house because my daughter missed the forst week of school because her father tested positive of covid 19, and we didnt want to spread the virus. Whoeever called CYS also stated that they think possible drug use is involved because of the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 3, 2021

The government is legally allowed to do anything it wants. The government has agents, it has courts, and it writes the rules. The CPS can offer drug testing several times and then clamp down by removing the kids. A failure to take a test and pass it is evidence of drug use, and drug use is... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is considered a conflict of interest?

My son’s father has the same attorney, Who was my public defender back in 2012 for a criminal case , defending him in our child custody case. Wouldn’t that be considered conflict of interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 2, 2021

Pennsylvania codifies a "continuing conflict" as such:

1.9 Duties to Former Clients

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are...
Read more »

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: if adopted parents decided they don't want child no more can a relative adopt them

I'm teenagers aunt shes 15

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

It is possible, if they are willing to relinquish their rights, but the parties really need an attorney--it's not d.i.y.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My 11 yr old son has lived w me for 3 yrs. his mom stil has custody. Can she just take him back for no reason

Shes $3000 in arrears. I signed him up for cyber school but shes trying to take him back so she doesnt have to pay. She even went and signed him up for another school near her. Can she do this??

Robin R. Gregory
Robin R. Gregory
answered on Aug 11, 2021

The order stating the mom has custody is valid and in force until the court issues a new order. It is likely the mom can take the child. You can file a motion/petition to change the custody.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: If my mother lost rights to a child & she got adopted is there anyway I can fight for her because I am her sister

I am now older & stable to take her of her

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

If you mean the childrens older sister I don't see that. It's termination of parental rights, no sibling rights. You need to speak with a family law attorney.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How do I find a lawyer to file abandonment charges.

My cousin was left with me 3 years ago how do I file abandonment charges on her dad

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

your local bar association can give you names. Or you can ask the family court who seems to handle adoptions and similar proceedings.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My ex is very in consistent with our 2 year old daughter is it possible that he will get custody?

My ex is in and out of our daughters life and only gets involved when it is convenient for him he does nothing to support her he can’t even show up to work on time let alone everyday... he drinks all day everyday and can’t keep stable living, domestic relations can’t find an address for him... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde
answered on May 11, 2021

Custody cases are very fact specific. Him saying that he is going to fight for custody and him actually going through the process are two very different things. The simple fact of the matter is there are 16 custody factors that the judge is charged to consider. Your best bet is to consult with an... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am debating going to court for full custody of my son. Would it be worth it to hire an attorney?

My ex and I have an eight year old son together. There has never been a custody agreement in place although we had an informal agreement years ago before he began his homelessness. He is very inconsistent with seeing our son or even just calling to talk to him. He is currently still homeless but... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

Yes. Your case requires a showing that the visitation has to be within narrowly defined guidelines and that is not a d.i.y. project

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