Sure, but they dont have to ask them. There are plenty of reasons you want to ask those questions but there may be good reasons not to ask them. If you hired an attorney you trusted them to get you a result. Presumably they have litigated more of these hearings than you have. If you dont trust... Read more »
A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.
Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.
I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.
What is the deadline on the... Read more »
My friend received a letter in the mail and a text from the other parties lawyer stating that there is an emergency order put into place. When reviewing the paperwork that was sent from the other parties lawyer there was no judge signature or anything.
Yes, a judge's signature (whether actual or electronic) is necessary. You should be able to get it directly from the Court or the other party's attorney. And you should demand to see it.
Best of luck to you.
His father won't outright deny me the ability but keeps making up excuses every time I ask or have plans to go there because he wont allow me to take him with me. We were never married. I was however married to my daughters father when my son was born. We had to fill out certain paperwork in... Read more »
The police won't enforce a *court* custody order, much less your say-so over who is supposed to have physical custody of your son. Cops aren't in the business of using kids as a rope in a game of tug-of-war between warring parents, and they'll refer you to the court once they make... Read more »
My 9 year ole daughters refuses to go to her fathers every other monday when it time to go. What will happen to myself, mom if I dont make her. I have already file to modify custody but of course that is 30 days away. Shes ready too talk to judge, but I know I have to wait for trial.
The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... Read more »
Ex and new gf fight constantly in front of daughter in her car and drive around drinking alcohol. She also continuously calls me derogatory names in front of daughter.
You can file a petition to modify the terms of your custody order *anytime,* and the court will assess any change in circumstances as it relates to the best interests of your daughter. A past DUI on Dad's new girlfriend's record may have little relevance to custody proceedings, esp. if... Read more »
The child is mainly with me an goes with other parent on weekends there are safety concerns with the other parent such as him drinking an driving an even showing up to pick child up with an open container in vehicle. When I spoke with a lawyer the suggested to let him file first but im confused as... Read more »
The only reason I can think of to let the other parent file first is to save yourself the court filing fee of opening up a custody case (which can run a few hundred dollars, and is $155.00 in Lycoming County).
Pennsylvania criminal law already prohibits a person from driving while... Read more »
will I get full custody
The Court will be more interested in what sentence your children's father actually receives, and less so what he's "looking at." For instance, first-degree misdemeanors in Pennsylvania carry a maximum sentence of 5 years in jail, but many defendants so charged receive only... Read more »
she has also stated that she will not give me my daughter even with a court order.
Potentially, yes - so save them and transfer them some way to your computer *and* print them out in such a way that the participants/dates/times can be recognized. You may find this easier said than done, however, which is why I always advise my family law clients to communicate by email only!... Read more »
We're not married. We both live in cumberland county PA.
My daughter's mom and I split up but we are spending the same amount of time taking care of our daughter (3.5 days with me and 3.5 days with her mom)
We both have the same gross income (She get paid just a dollar... Read more »
Since you're paying for your daughter's health insurance, you've got 50/50 time and the parent's incomes are the same, you probably shouldn't be paying ANY child support to your daughter' mother. In addition, you could probably negotiate alternating who gets to claim... Read more »
We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... Read more »
If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.
Your... Read more »
Not practicing safety measures like not wearing masks and social distancing with others
Philadelphia Legal Assistance created this guide back in late March 2020 concerning custody during the pandemic: https://philalegal.org/custodyCOVID19. It may be of some use to you.
A court order is still a court order, even in a pandemic - and if you choose not to follow it, for... Read more »
PA family law
I am aware of no such laws in Pennsylvania, and I've been practicing family law in the Commonwealth for 20 years.
Sounds like you two could benefit from some family counseling, at least for the kids' sake. Perhaps suggest it to her as a responsible father and co-parent. Best of luck to you.
I was just informed that my daughter's bio dad was high while she was in his care (An entire weekend in another city). She is 4 1/2 and he had no involvement in her life until September 2019. I was informed that he was using heroin for the last month, including when he had her. We have no... Read more »
Yes, you can can (and probably should) file for emergency custody -- or, since there's no order, you could also refuse to allow him physical custody of your daughter any longer and let *him* file for a custody order.
The tricky part, of course, is the reliability of your information... Read more »
My husband is out socializing EVERY-SINGLE-DAY! Partying every/all weekend and refuses to distance/wear mask/etc. He wont allow our 6 yr old son to wear a mask when they are outside together which really bothers my son. Today, for the 2nd time (1st time was even worse), he has risked our son's... Read more »
At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least... Read more »
I was just informed three days prior to my first summer visit that he was scheduled to work during my work hours, and requires me to transport him. I never signed anything stating he would be working or what his schedule would be, his mother did. I am unable to transport him to work due to having... Read more »
There's nothing in Pennsylvania law that provides an answer to this; rather, the courts have the authority to make decisions in specific cases like yours. A court could order her to provide transportation, or not - and someone would have to file something to bring the issue to the... Read more »
If I have child custody on a 3 day weekend, and I need to incorporate taking 7 days of vacation with my child, do I have custody for 10 days, or only 7 days total, effectively losing 3 days of "vacation"? In other words, are the vacation days "pure" vacation days that can be... Read more »
Normally, a comprehensive custody agreement would answer all of your questions by defining all of these terms. If it doesn't -- and make sure you review any written agreement to make sure it doesn't -- then you have two options: (1) go back to court to get the clarifications you seek,... Read more »
More days. I'm concerned for our children's safety and want to seek full custody. They chose to live with me. He moved out. There's a history of domestic abuse from him which the kids and I are receiving counseling at Victim Services through the YWCA.
Sounds like you have very valid grounds in which to file an emergency petition to modify custody -- if there's even a custody order in place at all (which is unclear from your question). If not, you should certainly seek one. If so, you could file an emergency petition to seek your... Read more »
My daughters mom is claiming to have evidence that I hit/ hurt my daughter. I have evidence that shows I don’t and have not. If our evidence conflicts with each other what would happen to our daughter?
My fear is she’ll be put in a foster home until a professional gets to talk to her... Read more »
It depends with whom the abuse complaint is made. Presumably, your daughters mother would notify either the local police or the county child protective agency, and then an investigation would be opened. As long as the investigators believe that the child is in no imminent danger, the child... Read more »
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