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Pennsylvania Family Law Questions & Answers
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 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...
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2 Answers | Asked in Family Law for Pennsylvania on
Q: i have 50/50 of my daughter i took her to the doctors in dec where i found out her dad took me off her medical records

she just had a wellness check in dec and he made her another one for saturday i called the office and asked if she needed to really be seen because she was just seen in dec they said no and canceled it he then told me he is taking her anyway what can i do

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You need to speak to the attorney who worked out the custody agreement. There would normally be nothing to prevent a parent from taking a child to a doctor, however.

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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...
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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 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...
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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 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 »

1 Answer | Asked in Family Law, Adoption and Child Custody for Pennsylvania on
Q: How to go about getting custody of my nephew in Md. His parents are in jail and he's with children services we live in P
Penelope A. Boyd
Penelope A. Boyd answered on Jan 13, 2020

You should consult with a Maryland attorney. Although you live in Pennsylvania, Jurisdiction over children is governed by the residence of the child. Presumably, an attorney who is familiar with practice where you nephew resides can help you. A lot will depend on the children's services agency... Read more »

1 Answer | Asked in Bankruptcy and Family Law for Pennsylvania on
Q: Can a judge put me in jail for back alimony even though I am in a chapter 7 bankruptcy

The Back alimony is from last year when it ended and my 3 minor children live with me that judge said he doesn't care and that would put me in jail if I did not pay two days in bucks county pa

Timothy Denison
Timothy Denison answered on Jan 7, 2020

Yes. Bankruptcy does not stay actions on enforcement of support or maintenance.

1 Answer | Asked in Family Law for Pennsylvania on
Q: At what does the child have the right to say what parent they want to live with. My daughter is 15.

She wants to stay with me and not her dad. The verbal agreement we had on child support he has stopped paying so i now have to go to court for that. No custody agreement other than what was wrote up in the divorce papers 10 years ago. Can he fight paying child support and what r the chances i will... Read more »

Dawn Padanyi
Dawn Padanyi answered on Dec 29, 2019

Stability is an important factor for children. No lawyer, without knowing all the information about your case, will be able to answer if you will get primary physical custody in Court. If you cannot afford a lawyer, you may look into Legal Aid as it is still best to have an attorney assisting you.... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been 800... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Pennsylvania on
Q: Am I responsible (if NOT a POA or guardian) to stay in a home 24/7 for a mother and father with undiagnosed dementia?

The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

Pennsylvania is unusual (compared to other states) in that it does impose on relatives the obligation to care for and maintain or financially assist indigent persons.

Here is the Pennsylvania statute:

§ 4603 Relatives' liability; procedure

(a) Liability.--

(1)...
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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: If I have just been granted sole legal and physical custody of my children how do I get them?

A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The best approach would be to try to do this without the police and contact her. She may not have been served with the order so see what you can do to get it into her possession. I suggest that you not be too aggressive or threatening about it. In the least, try to find out where the children are.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Mother gave Father full custody now he might be arrested. What happens to the kids?

Mother gave Father full custody based on a verbal agreement that he would take them and go away. This was her attempt to get away from him and his abuse of her. He has not gone away and is continuing to do things that he might be charged for. He is already on probation that includes no contact with... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

If Father is incarcerated and Mother is unwilling to step up to the plate and take care of their children, then, unless a suitable family member is located, the children will probably go into foster care.

1 Answer | Asked in Family Law for Pennsylvania on
Q: In Pa if you owe more than 500 in support they take income tax but do they only take until it gets as low as 500.

For example if I owe 1400 will they take the whole income tax or only the amount to take it to 500

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

They'll take the entire refund to satisfy the arrears in whole or in part. So, if your refund is $1000, they'll take it all. If it's $1500, they may intercept the entire refund but would refund whatever isn't needed to pay off the arrears.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: Can garnished payments for child support arrears be modified by custodial parent via court?

NCP arrears payments that were approved by court are being garnished out of his pay, but now CP wants payments to be increased. Can CP have court increase arrears payments, and if yes, under what circumstances? All kids are over 18, no longer live with CP and 1 passed away in 2015.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The CP can request that the court increase the arrears payments. Whether she/he will be successful depends on a number of factors. A petition would have to be filed in order to make this request.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Pennsylvania on
Q: What to do when a verbal agreement surrounding custody isn't being honored?

A friend of mine made a verbal agreement with the father of her children to get away from his abuse. He told her that if she gave him full custody and let him keep the house that he wouldn't contact her in any way including child support. She wanted the details of the agreement added to the custody... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

She can immediately file for custody -- and should. She should also consult with a good family law attorney as well to discuss her various options and plot her next move(s), including about dealing with the house situation.

Feel free to pass my name along to her and have her contact me....
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation. This...
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