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Pennsylvania Child Custody Questions & Answers

2 Answers | Asked in Child Custody for Pennsylvania on

Q: If a mother is keeping the child away from the father, what can the father do so that he can see he child?

Kathryn Hilbush answered on Aug 20, 2019

The father would likely have to file a custody complaint, seeking time with his child. The complaint would be filed in the county where the child has resided for the last six months.

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1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on

Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Can I raise a deceased sibling child? She made a recording saying she wants her child with me.

Kathryn Hilbush answered on Aug 18, 2019

It would probably depend on what the father has to say about this. You'd probably do yourself a service by consulting with an experienced family law ttorney in you area to discuss the facts and your options.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Pro bono lawyer

The number you provided don't assist defendants is there any other informating or help you can produce to help my case involving a pfa

Cary B. Hall answered on Aug 16, 2019

Search online for "legal aid" for your jurisdiction, and start making calls. Or simply hire an attorney, and get the money to do so somehow.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: I'm looking for a pro bono lawyer

I'm looking for a pro nono lawyer that is willing to help me in Wyoming county Pennsylvania with a PFA case that is being used to resolve a completely different case in Schuylkill county Pennsylvania

Cary B. Hall answered on Aug 16, 2019

North Penn Legal Services provides pro bono representation if you qualify, so contact them. For Wyoming County, you should contact their Pittston office:

33 N. Main Street, Suite 200

Pittston, PA 18640-1949

P: 570-299-4100, Toll Free: 855-236-6405...
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2 Answers | Asked in Child Custody for Pennsylvania on

Q: I have primary physical custody of my child so would I claim her or would my ex?

Cary B. Hall answered on Aug 15, 2019

You would -- unless there's some other agreement between you and your ex, like to alternate years in which a parent can claim the child (ex. Mother gets even years, Father gets odd years). Otherwise, IRS regulations go with the parent that has the child most of the time.

Best of luck to you.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: 15 year old wants to choose

My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... Read more »

Kathryn Hilbush answered on Aug 14, 2019

You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: My boyfriend and I split up and he physically has my son there is no custody order in place. What can I do to get my son

He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no clue what I... Read more »

Kathryn Hilbush answered on Aug 10, 2019

Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: I did NOT get any papers nor was I served any papers for a custody hearing. What should I do?

This was a couple years ago. I've been fighting for my child back. I didn't receive nothing at all.

Cary B. Hall answered on Aug 10, 2019

You need to file a petition to modify custody in the Pennsylvania county where your child is living, and go from there.

If it's in southeastern PA, feel free to contact me offsite to further discuss your case. Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: how would i go about e-filing for shared custody of my son who resides in vermont

Kathryn Hilbush answered on Aug 10, 2019

I assume because your listed your location as Pottsville your question went out to PA lawyers, but you'd have to ask this question of a VT attorney. Perhaps you can change your location to VT?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Will my baby's father be able to get custody or just visitation?

We broke up over a month ago, and since then I've allowed him to see the baby whenever he wanted. He's only seen him twice since then. He is threatening me that he will "make the next 18 years" hell for me and that he is taking me for custody and getting a paternity test. We lived together for 6... Read more »

Cary B. Hall answered on Aug 7, 2019

Well, first of all, a child custody vocabulary lesson. "Legal custody" is the parental right to take part in the major decisions in a child's life, like medical, educational, religious, etc. "Physical custody" refers to where the child actually resides from day to day.

Regardless of...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on

Q: I have primary custody my children. My ex husband is holding one of my kids against his will & against court orders..

The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »

Cary B. Hall answered on Aug 6, 2019

I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on

Q: I have shared physical&legal custody and 50/50 can we put in the new court order that me nor him can file support

Cary B. Hall answered on Aug 4, 2019

Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: My ex took our girls without my consent to Florida for vacation against our order from PA. Will he lose custody?

He’s violated our agreement many times related to reasonable communication and participation in activities. He has a criminal history as well as a history of violent behavior. He asked to take the girls to Florida for vacation. Our order requires written permission which I did not give. The... Read more »

Cary B. Hall answered on Aug 2, 2019

If this is your first contempt petition, probably not. Very likely that the court will also not view your petition as an "emergency," but will schedule it for a hearing in the normal course of court business. And you're right that the police won't do anything: they'll simply refer you to file... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: Can i file a petition to have full custody of my baby?

My baby father hasnt give me any money since we moved out two months ago,he hasnt seen her or ask for her at all..and now he just want to take her with him and his new girlfriend

Cary B. Hall answered on Jul 24, 2019

You can file a petition, yes. At this point, however, if Father is ready/willing/able to co-parent with you, it's pretty likely that the Court will award him some kind of custody of your daughter.

But right now, you're in limbo because there's no court order. Get one -- and soon -- so...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: I want to know if i can get full costudy of my baby

Cary B. Hall answered on Jul 24, 2019

With zero additional details provided by you, it's impossible to say anything other than you certainly have standing to seek custody of your child as a biological parent.

I suggest you consult with a good, local family law attorney to discuss your situation in much more detail. Best of...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on

Q: My ex finally got a job after 10 years of being on SSI. I was married 3 years a go and have had 2 more children with my

wife. I also have another child with another ex.

I pay child support for 4 of my 6 six kids. the other 2 I reside with along with my wife.

the mother of my 3 oldest kids recently got a job after 10 years of being on ssi. and my oldest just turned 19 nad is in college. the money... Read more »

Kathryn Hilbush answered on Jul 23, 2019

I suggest that you gather all of your paperwork and sit down with an experienced family law attorney to discuss what, if any, action you should take. It's really not possible to guess whether it would benefit you or not to go back to court because we'd need more information than you can, or should,... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: My sister in law died. She has written down and recorded herself saying she wants my husband and I to take in her kid

Can we just take our niece and raise her?

She died in South Carolina. We live in Pennsylvania.

Cary B. Hall answered on Jul 23, 2019

Where's your brother? As the biological father, he has presumptive rights to custody of your niece. So, yes, you could take her -- but he could fight it in South Carolina, and would almost certainly win.

If I were you, I'd consult a South Carolina family law attorney concerning their...
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1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on

Q: Can I take my daughter legally from the father if we have no court order or custody established?

Cary B. Hall answered on Jul 23, 2019

"Legally," there's nothing (yet) preventing you from doing so . . . or from him snatching your daughter from YOU. What's good for the goose is good for the gander. And that's why your best bet is to file a custody action and get a court order outlining who has custody, and when, to prevent these... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: If a parent gives the other parent full legal custody of the child, are they still responsible for child support?

Kathryn Hilbush answered on Jul 18, 2019

Yes, if there's a court order requiring it.

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