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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Pennsylvania on
Q: My custody order allows an expanded or altered schedule. Could the PA stay at home order fall under this provision?

This custody order is outdated; the original schedule fit within the circumstances that I was in at the time the order was put in place, but no longer does. One thing that has not changed is that I have primary physical custody, the father has partial custody and we share legal custody. As stated... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 2, 2020

I'd say no, because the key here is "mutual agreement." If you two can agree to something other than what's written in the original Order -- and you say that you've already done this -- then no harm/no foul if no one's complaining. But it doesn't sound like it gives you the right to unilaterally... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Is a verbal agreement for custody an essential reason to leave my home under a stay at home order?
Cary B. Hall
Cary B. Hall answered on Mar 25, 2020

In Pennsylvania, I would say yes.

At present, Gov. Wolf's stay-at-home order creates an exception for “travel required by…. [a] court order”. Child custody orders would fall under this exception.

There's also another exception for travel to care for minors, and presumably...
Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Which form(s) is/are the right form(s) to petition for custody and visitation in Newport, News, Virginia?

Father has had custody for three years.

Cary B. Hall
Cary B. Hall answered on Mar 9, 2020

You're posing this question in a Pennsylvania law forum so, first, I'd suggest re-posting your inquiry in the Virginia law section. I'm sure you'll have much better luck there.

Second, you can check out the website for the county where Newport News lies. Sometimes courts have sample forms...
Read more »

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: New husband filed for adoption. I have legal.

I filed for contempt, next day got a court date from a mutual party that her new husband is trying to adopt.

Cary B. Hall
Cary B. Hall answered on Mar 6, 2020

And your question is?

If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....
Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I re-open a custody case to obtain full custody on a shared custody that's final?

I share 50/50 with my son's father and both of us have him on a week to week basis. Two weeks after the the final hearing, and the order can in the mail, The father's house catches on fire. The house is in unlivable conditions. He did not inform me about the fire I had to find out from the teacher... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 4, 2020

Yes, you can file a petition to modify custody at any time, and you can ask the court to award you primary physical custody of your son. At worst, an initial hearing will be scheduled and you can hopefully get some answers to your questions.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My husband wants me to sign a paper stating I will never ask for child support. Is this legal?
Cary B. Hall
Cary B. Hall answered on Mar 4, 2020

Not in Pennsylvania. It's against public policy. The reason is that child support is for the benefit of the child -- not the parent who nonetheless receives it -- and a parent cannot "bargain" that support away.

Best of luck to you.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I am in York pa. The biological parent (dad) has not contacted or seen my daughter for 8 years.

He now says he wants to see her. She will be 13 in 3 months. 8 years ago he said he wanted to see her for the first time. We were court ordered for visits. That has long ended 8 years ago. He also wrote a letter, 8 years ago to me his lawyer her school and a mediator stating he was cutting off... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 2, 2020

If there's a custody order -- and it sounds like there is, if you were "court ordered for visits" -- then you must follow the court's order. If you disagree with the order, or wish to change it based on the passage of time and changed circumstances since its entry, you can file a petition to... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I want to file for custody of my son but I don't know his father's address. Is there another way to get custody?

From what I've heard he's homeless not working an cant support himself. My son hasn't been in school for over 2 months now.

Cary B. Hall
Cary B. Hall answered on Feb 27, 2020

You should contact the Montgomery Co. Office of Children & Youth ("OCY")immediately to let them know what's going on. Their contact information is located here:

https://www.montcopa.org/149/Children-Youth

They can take more immediate action than you can in a filed custody action....
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: In a custody order it is stated that the Father is responsible for Health Insurance. Who pays the rest?

Who pays the deductible and other out of pocket expenses? It does not say anything other than the father pays monthly support and Health Insurance.

Cary B. Hall
Cary B. Hall answered on Feb 26, 2020

The parent with primary physical custody will pay all out-of-pocket expenses up to $250.00 during the calendar year for each child. Anything greater than this amount should be allocated between the parents by a percentage ordinarily contained in the child support order. That monetary amount could... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How can my granddaughter get new lawyer

oyc took granddaughter child who is yr old she have been doing all that ask but the oyc worker is not happy with anything she does she has had 3 drug test passed them all she has talk to granddaughters mother who has told a bunch of lies to the worker who apparently believes her lies and her... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 25, 2020

Your granddaughter can hire any attorney of her choosing at any time. If she has a court-appointed attorney, however, or is being represented for free by a legal aid organization, *and* the feeling is that the "free" attorney isn't doing his/her job, then it might be time for the family to come... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Hi, my mom whom I lived with when my daughter was born 6 years ago lied and convinced me at the time that she was

given custody of my daughter by the court I was 17 at the time and my Grandmother backed this lie up and has my daughter in Deleware, while my mom is in PA. How do I get my child back now? I found out that no custody order ever existed and its been six years. I live in Pa. as well

Cary B. Hall
Cary B. Hall answered on Feb 25, 2020

If your daughter has been with your grandmother in Delaware for the past continuous six (6) months, then you'll need to file a custody action in Delaware -- and consult with a Delaware family law attorney about how to do that. Pennsylvania would no longer have jurisdiction.

Best of luck to...
Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I wanted to see what my husband and I can do legally to keep a toxic family member from seeing our children.
Cary B. Hall
Cary B. Hall answered on Feb 5, 2020

If the toxic family member has no legal custody rights to your children, then that family member has no right to "see" them either -- and you and your husband, as parents, can prevent access between the two.

If the toxic family member is a grandparent, I will tell you that he/she does have...
Read more »

1 Answer | Asked in Criminal Law and Child Custody for Pennsylvania on
Q: I was wrongfully charged with sexual assault against a minor.

I was incarcerated for a month and a half then I was released because my son recanted his story but while I was incarcerated they had a court date for custody for my oldest child but being as though I was not present they pushed his court date back and granted my children's cousin sole custody of... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 28, 2020

Your plate is unfortunately full of bad luck! Sorry to hear it.

Also unfortunately, you haven't posed a question -- so there's nothing for me to answer. Try again?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My boyfriend and I have 3 kids together but I kicked him out. He is threatening to take my 2 girls with him can he?
Cary B. Hall
Cary B. Hall answered on Jan 27, 2020

Let's backtrack. If "your" two girls are two of the three children that you and your BF have together, then your BF has just as much legal right to have them as you do. If the two of you can't agree on who will have legal and physical custody of your three children, however, then one of you will... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Will my child be free from their father if their father moves from Pennsylvania to Florida without an arrangement?

We do not currently have an official custody arrangement. It has been 9 years since we divorced. The children are both 15 years old. We are afraid to go for court for one because the children don't want to see their father more than they have to if we fail to get sole custody. However, the father... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

I am not sure what safe legally means? The father has an equal right to see his children, so a court may order visitation. The children's viewpoint is one of 16 factors the court considers in ordering visitation. Here is where it gets nasty. Florida is a member of the custody compact but they... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I need to establish custody if other parent is in prison?

I have a 4 year old and no written custody agreement. My ex husband is currently in jail. Do I establish full custody now or wait till he is released

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

Realistically, you'll be making 100% of the parental decisions as long as he's incarcerated, and you don't need a court order to do that. However, once he's out, there could be some friction between you two if you can't always agree on child rearing. If you think that's likely, you may want to... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is the procedure in PA to file for a change of jurisdiction to another state for child custody?

My children are not PA residents and there is documented child abuse (through counselors) in the PA parent's home. All evidence is outside PA.

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

I see you're asking your question from NY State, and so I'll presume that the state where you and the children reside.

So long as the children have resided in NY State for the past six (6) months, NY State should have jurisdiction of child custody decisions now. Open a custody case in your...
Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Grandparent custody question. Both parents arrested.

My son in law is in jail for molesting my granddaughter and her half sister. My daughter was arrested for choking my granddaughter and intimidating her. My daughter has not permitted me to see my grandchildren. There are three. When my daughter was arrested I picked up the eldest three from... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jan 20, 2020

You should consult a local attorney about your custody options. It sounds like these kids will need a lot of support. If your question is whether or not you could get some form of custody, it is a possibility you can explore through the courts and/or the local Children & Youth agency. It is... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can I find My Daughters Mom in Contempt??? HELP!!!

My daughters mother has primary custody of them. I have partial custody with court ordered visitations every other weekend. We share 50/50 legal custody. For the part 5 years their mother has not been a part of their life she just disappeared. I was not able to have the kids live with me at the... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jan 17, 2020

Consult a local attorney about filing to modify the custody order and to object to the relocation.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it legal for grandparents to bully a single mom into signing over partial custody of her child to them under threats

My sister got pregnant and her boyfriend died from OD. His grandparents asked my sister to move in and offered her fancy cars and concerts. She moved in, had the baby, and is now struggling to stay sober. She has maintained FT employment and paid for everything. They let her live in their attached... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

Your sister should contact the Reading Office of MidPenn Legal Services (presuming she is located where you are, per your question), and schedule an appointment with someone there to go over the "agreement" and her legal options. The contact information for that office is here:... Read more »

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