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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law for Pennsylvania on
Q: As an unmarried mother, would it be legal to move to another state with my child?

I have a chance to make a new life in a different state and I was wondering if an unmarried mother with no custody order could move to a different state I live in Pennsylvania. Right now at least.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 13, 2019

Most family law practitioners will tell you that you need to follow the PA child relocation procedures prior to moving the child, even if there is no custody order.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Ignorance, naïveté, & gullibility... left me w/ supervised visits of my son. I need HELP to modify a custody agreement?

My controlling, emotionally abusive ex cuts my visit short every wk now.

He never discusses Anything w/ me relating to our child. I’m not “allowed” at doctor’s appts anymore, not “Allowed” to FaceTime with my little dude, & Now not even “Allowed” to ask ‘Why?’ about... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 13, 2019

No way you're going to have any reputable family law attorney give you any "magic words" here in this forum. You need to schedule a consultation face-to-face and discuss the details of your case that way. Every family law case is different -- there's no one-size-fits-all, alas (or even most!) --... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: I have a 14 year old that I gave my parental rights to my aunt and she now has custody I am back in her Life is there a

Is there any way that I could have any rights back to her and they are talking about not letting her see me anymore and it is devastating her

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

If you agreed to a custody order, you can file to have it modified by the court

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My 18 year old daughter would like her stepfather to adopt her and be able to legally change her name to ours,

Her birth father has not really been in her life for 3-4 years. Would her biological father need to sign off any rights for her to legally be adopted now that she is an adult? We reside in PA.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

No, as an adult she does not need parental consent.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My sister and her husband returned their adopted daughter to children and youth services without notifying any family.

Several of us contacted children and youth services and expressed being kinship foster parents and kinship adoption as soon as we found out the child was placed into care. The caseworker is completely disregarding us as options even though we have had healthy, positive meaningful relationships... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

It sounds like the one among you who you believe has the best chance should hire an attorney and go from there.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I live Philly my son turns 18 in February and graduates from high school in June does my obligation automatically end?

Does child support just stop who notified my job to stop garnishing my wages?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

No. The custodial parent may receive correspondence form Domestic Relations asking whether the child has been graduated from college by the time he turns 18 and, if not, when the graduation date is. If that parent sends the paperwork in, then the case will be diaried to stop charging at graduation.... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a teacher ask a child without parents a consent or knowledge if the child wants/likes to live with mother or father?
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

I don't believe it's illegal. Tacky, and possibly a violation of school personnel codes. Suggest you have a meeting with the teacher and principal.

1 Answer | Asked in Car Accidents, Criminal Law, Family Law and Federal Crimes for Pennsylvania on
Q: I signed the title for sale of vehicle and the receiver has neglected to Notorize himself as the new owner. Now what?

I'm aware he operates it. I do not have any access to the title the vehicle or my plate. The registration is expired.

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

You didn't say why he has the plate. Did you make a copy of everything? Contact PennDot and see what they say. You need to ask them to cancel the registration.

He doesn't have to notarize himself if you give him the car and sign it over and he accepts. However you need to cancel the...
Read more »

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 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 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, 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 Family Law for Pennsylvania on
Q: Is there anyway I can stop my daughter from leaving state without being on the birth certificate.

I waiting to go to the courts and sign acknowledgment of paternity.Just seeing if any option is available.When I was paying child support I consented I was the father and she has lived with me for 4 years and she is 5

Kathryn Hilbush
Kathryn Hilbush answered on Sep 21, 2019

Yes, you can file a custody complaint and then, if appropriate, an emergency petition. There is a statute in PA that requires a parent who wants to relocate a minor child to either obtain the written consent of the other parent or a court order permitting the relocation. Bear in mind that you'll be... Read more »

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 for Pennsylvania on
Q: I need a family lawyer

In white haven Pa

Kathryn Hilbush
Kathryn Hilbush answered on Sep 16, 2019

Then look through the internet or on this site under the Find a Lawyer tab to find one or more to consult.

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.

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