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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

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

The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody...
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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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

From the way the Order is written, it does not appear to bind Father into placing the child on his medical insurance. It merely states that Father "offered" to place the child on his insurance, not that the Court mandates him to do so. However, there may be a creative legal argument that... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: I have family members and their partners threatening to kidnap my children, my husband family hates me and threaten us

They hate that we’re together and fixing issues in our marriage and have been very agressive with actions trying to manipulate him to leaving. He fought back and stayed by my side and now his family is threatening to kidnap the kids. Local cops said best thing to do is run away but that doesn’t... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you feel frightened and overwhelmed by the threats your family members and their partners are making against your children. It's crucial to take these threats seriously and seek assistance from law enforcement immediately. You can file a report with the police... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Jasmit Kaur Dhaliwal
Jasmit Kaur Dhaliwal
answered on Feb 21, 2024

Establishing paternity is sometimes necessary to clarify rights and obligations. Paternity suits can be initiated to determine biological fatherhood through a blood test. This allows a biological father to secure visitation rights or enables a mother to obtain child support from an unwilling... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Karen  Ulmer
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answered on Mar 6, 2024

If the supervisor is leaving the children alone and there is a supervisor order then you need to file for contempt of court and have a court hear your case on an emergency basis. Supervision is put in place for a reason and you may have to file a Protection From Abuse to get an immediate hearing... View More

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1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Really need advice, not sure how to go about this

Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More

James L. Arrasmith
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answered on Jan 22, 2024

Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More

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

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 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?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot... View More

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Scorned Mother lingers around making kid cry at custody pickup, what to do?

Every time I pick up my child, my son is crying and is reluctant to get in my vehicle. He loves being with me but mother is a “scorned woman” always trying to interfere and my son has already told me how “once he gets older he can choose who to be with” which is an idea implanted by mother.... View More

Peter Christopher Lomtevas
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answered on Feb 7, 2024

It is not clear as to whether this is a New York parent's question or a Pennsylvania parent's question. The laws of the two adjoining states is vastly different, and therefore outcomes are vastly different. Some elements are identical though.

In both states, as can be expected, no...
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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I record my virtual visitation in PA without the other parents consent?

The mother is telling me I don't have her consent and won't let me talk to them if I am recording. This is because she has been warned to not interrupt in the order. But now is trying to hide behind the wire tap law in PA. She is still interrupting but doesn't want me to have evidence of it.

Peter Christopher Lomtevas
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answered on Jan 28, 2024

The general philosophy in any Pennsylvania legislation is that people are always treated like cattle being led off to slaughter.

As to the central issue in this question, Pennsylvania recording law provides that it is a two-party consent state. In Pennsylvania, it is a criminal offense to...
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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 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

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 Child Custody and Family Law for Pennsylvania on
Q: Can a mental health counselor that has treated the mother and father represent just the mother I. A child custody matter

The counselor is a mental health counselor at a center the mother and I both receive treatment at. Now the counselor is acting as a attorney for Mt ex the mother of my 5 yea old son in a custody.matter. she had access to all my personal Imformation. I'm not sure what ti do or who to contact... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

That is an interesting, and somewhat novel, professional ethics question. I would report the individual to the Pennsylvania State Board of Social Workers, Marriage and Family Therapists, and Professional Counselors and to the Pennsylvania State Bar Association and let them sort it out.... View More

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