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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why i still have to pay suport when we share phisical/legal 50/50, kids spent a week with me and week with the mother

We have shared legal custody and kids spent one week en each house while with me i provide for everything without asking mother for nothing master just gave me a 300 a month in support just because mother said she pay for daycare (which is ccis) and she only pay Copay and the kids dont go to... Read more »

Kathryn L. Sullivan
Kathryn L. Sullivan answered on Oct 17, 2019

These are questions you should be asking your lawyer. With limited information it is impossible to answer your question definitively. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: will changing from partial custody to 50/50 decrease what I pay in child support? Dad still isn’t working and I am.

I will now have shared physical custody instead of partial. I work and sons father doesn’t. Can what I was paying with partial custody be decreased now that I will have my child 50/50? Dad can, but chooses not to work. Is this okay? Can they ask him why he’s unable to work? Should I pay the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 8, 2019

Your order may decrease but it's all dependent n your relative incomes. You should consult in person with an experienced family law attorney in your area to discuss the best way to present the case in regard to the father's alleged inability to work.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is carbon county open to 50/50 custody?

I was staying at my parents house for the duration of a drawn out divorce. I was given every other weekend based on my distance. I am purchasing a home within the same school district and less than 10min from where my children reside with my ex. I want to be an equal parent to my children but my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 6, 2019

I can't speak to Carbon County specificallylly but most counties are.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am 17 and in December I will be 18. Would I be made to return home if I moved out without my parent's permission?

The other day my dad had given me the choice to leave but he has since retracted that since I stated I did not want to live with them.

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You can leave when you're 18 but don't expect your parents to provide for you. Maybe try to work things out instead?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it illegal to offer someone money in exchange for their child, and what can be done about it?

A friend was offed $50k for her son by the fathers ex-gf. What can my friend legally do about this?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 3, 2019

Doesn't sound like it's on the up and up. What exactly do you think she should do about it? I assume she can go to the District Attorney's Office about it but you can be certain the ex gf will either flat out deny the accusation or say there was a misunderstanding.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: i recieved court date scheduled october 2nd 2019 in hale county and im in pennsylvania
Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

I don't know where Hale County is but you should deal with the issue with an attorney from that jurisdiction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period . That's... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Modification of child support has been filed will they go back and correct original order?

Original order they calculated mandatory pension in net income

Kathryn Hilbush
Kathryn Hilbush answered on Sep 24, 2019

Hard to know. Depends on the circumstances surrounding the original "error". Usually, however, a modification is applicable from the date of filing going forward.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My child support was calculated wrong, they included my mandatory pension amount into my net pay? What can I do?

Modification has been filed will they go back and fix original order?

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

You can file a petition to modify support with your Domestic Relations Section.

Best of luck to you.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek that from...
Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex has been receiving CS for 2 years she was recently arrested 2 times for theft could CS be stopped because of it?

She has been in an out of jail since their birth only 2 years ago she came into their lives there 9 now so we went to court they immediately gave her 50-50 even being absent for so long. It’s been a battle she is well known in the courts but how addicts are viewed now is different than 10 years... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 22, 2019

Retail theft is not one of the crimes that the custody court is expected to consider when making a custody determination. I wouldn't think that you can have the support stopped based on these charges either. Obviously you're very frustrated with the court system but these arrests are not likely the... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can two parents agree to terminate ones rights to a child? Or is that something a court has to decide?

Not pertaining to adoption, the mother doesn't want the child after birth and the father will take it

Kathryn Hilbush
Kathryn Hilbush answered on Sep 19, 2019

Yes, they can agree but it would be in the context of their child being adopted by another person, usually a stepparent. Be aware that there is a specific form and procedures for accomplishing this.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How can I do that
Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

Are you the person looking for a free attorney? If so, you contact the county bar association where the support case is and ask about their pro bono panel.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I need a free attorney for child custody I tried to do legal services but I only qualify for the free Packet

I can’t afford any attorneys

Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

You can see if you qualify for the pro bono attorneys through your local county's bar association, but I suspect you will not if you don't qualify financially for Legal Assistance aid.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 10 yr old son's being mentally abused & name called by his father during visitations.

My ex has partial custody & my 10 year old son goes to his fathers house 3 out of 4 weekends a month, we rotate major holidays & he has him a week during the summer months every year. He's absolutely miserable there & cries ballistic when its almost time for us to go to his house & to the point... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

you need to see a family law attorney if you don't have one about getting the child visitation order amended.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How I can do pls
Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

You're going to have to ask a question.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: In regards to retroactive payments to be paid back to the non custodial parent that pays support.

My daughter no longer lives with custodial parent, father. Daughter lives with her Uncle, the brother of her father and his wife. Child has lived there since May, 2019. Which I am in agreement with. I filed for modification to terminate support in June, 2019. It is now August 29th. Can I file for... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

You can ask when you have your hearing. It depends on the totality of the circumstances. As an aside, be forewarned that the brother can file for support against you and the father if he so chooses.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: If child speaks to parent briefly, do I have to allow a full conversation later?

Every day/night at least once a day during my custodial period the father, stepmother, and sometimes step-siblings ask son to call them. They are on the phone for no less than 5 mins, sometimes 15-20 mins. If I'm lucky, I get 1-5 mins.

If son gets to see them briefly during an event, am I... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 28, 2019

Yes, you should still allow the call. If you believe that the manner in which these calls are being handled is unreasonable, then you will probably have to file a petition with the court to request clarification and perhaps some rules-setting.

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