Pennsylvania Questions & Answers

Q: I have 50/50 custody of my child. Upon picking up my kid my ex bf assaulted my new bf. Can i takr him for full custody?

1 Answer | Asked in Child Custody and Criminal Law for Pennsylvania on
Answered on Feb 19, 2018

I am not sure what you mean by "take him for full custody". Can you make application to modify the custody order based on those facts, sure. Would you be successful? That is a tougher question. As I am sure you are aware there are 16 factors a court must consider in a case like this. If the majority of the 16 factors side with you its certainly a possibility. Most judges don't like full custody orders and will at least order some sort of visitation. The physical violence between the...
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Q: Can my child's father refuse to return the child to avoid child support.

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Feb 18, 2018

I'm sorry but there are so many facts missing from this post that it's impossible to give you an answer. It does sound, however, like you need to meet in person with an experienced family law attorney.
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Q: I had sole custody from NYC. I'm now in Pennsylvania. My ex-husband served me with custody papers. Will he be successful

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 18, 2018

What state is the case being heard in? Most states, NY included I believe, have statutes governing the relocation of children. As I don't know what state you're litigating this in I can only speak for PA when I say that the age at which children get to decide whether or not to see a parent is 18. Under that age, their wishes may be considered by the court but are only one of 16 factors to be considered in a custody determination. I assume youhahve an attorney. That's who you should be asking...
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Q: Can I file a lawsuit against my child's mother and child support due to unfair judgment?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Feb 18, 2018

I'm sorry but I cannot respond to your question as I don not know what you mean by "unfair judgment". To my knowledge, there's nothing termed that in the law.
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Q: Battered woman must give abuser 90 days notice she is leaving with their son?

1 Answer | Asked in Domestic Violence for Pennsylvania on
Answered on Feb 18, 2018

Here's the statute. Read section 5337 and then 5328-5330.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM

She should speak to an attorney in the area where she's resided for the last six months about expediting the procedure.
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Q: If I am on hold for a second green card can I lost custody of my child?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 18, 2018

I already responded to your other question. lease read that answer.
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Q: Can I appeal a decision by a custody consiliator in pa

2 Answers | Asked in Appeals / Appellate Law and Child Custody for Pennsylvania on
Answered on Feb 18, 2018

Yes. The appeal period is set forth on the order you received.
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Q: My husband told me I can lose custody of my child is that right?

1 Answer | Asked in Child Custody and Immigration Law for Pennsylvania on
Answered on Feb 18, 2018

The fact that your husband has a full-time job, a car and is a citizen does not mean that he will get custody of your child. He's obviously trying to frighten you into not filing for a divorce. You really should consult with an experienced family law attorney in your area to discuss your rights and options. You may want to consult with your immigration attorney to make sure that a divorce will not affect your status.
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Q: Can my boyfriend sue his ex for..

1 Answer | Asked in Family Law, Child Support and Civil Rights for Pennsylvania on
Answered on Feb 18, 2018

I don't see that he has a cause of action against her for not telling him about his daughter. Unless she filed for support against him years ago, she's only entitled for support from when she filed for it. So, if she filed in January, 2018, for example, any support that would be ordered would not go back further than January, 2018. Also, your BF should have paternity testing performed just to be sure. He can do that through support court.
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Q: How do I get justice for what has been done to me by my stepdad? (19 years old victim of domestic violence for past 9yr)

1 Answer | Asked in Domestic Violence for Pennsylvania on
Answered on Feb 18, 2018

You can consult with a personal injury attorney to see if your have any recourse. respectfully, I also strongly urge you to engage in therapy to find a way to help yourself move on. What happened to you is truly awful, but you owe yourself the opportunity to have a full life despite what happened.
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Q: if I bought a house under my name with the money I have before marriage, is that mine or marriage property?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Feb 18, 2018

If you retained it in your name only, then it is ordinarily not considered marital property. Any increase in value of the property from date of marriage to date of separation would be considered marital.
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Q: Can i change my sons last name if the father hasn't been in his life since he was a month old? I have custody of him.

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Feb 18, 2018

I'm not sure what you think you'd like to do when you ask if you can change your son's name but "not legally". If you want to change the child's name, you're probably going to have to file a name change petition and follow the legal procedure. Why not take the opportunity to sit down with an experienced family law attorney to discuss the goals you have in mind and what options you have to accomplish them?
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Q: please i really need help my grandmother passed away and my aunts ripped up her will

1 Answer | Asked in Family Law and Intellectual Property for Pennsylvania on
Answered on Feb 18, 2018

Your father and his brothers need to consult with an attorney experienced in probate law, which is the area of law that deals with, among other things, wills.
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Q: My son was notified he has a child support hearing in PA . The question I have is the mother only has partial custody .

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 18, 2018

I'm assuming from the question that the grandfather has primary custody of this child. If so, then he would be the one who should be seeking support, from both parents.
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Q: I am looking for a lawyer that can fight back for my boyfriend's situation.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Feb 18, 2018

Your boyfriend can try filing for custodial rights to this child, although, since the child is 17, it may not be successful before the child turns 18 and is no longer subject to to a custody action. Your boyfriend should discuss his situation and options with an experienced family law attorney.
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Q: Why hasn't bail been set?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 17, 2018

If he was arrested on a material witness warrant, the judge must have a hearing on the warrant within an 72 hours. Depending on the circumstances, the judge could either set bail or hold him without bail.
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Q: I completed ARD in Pennsylvania and was told I could get it expunged once completed. I’d like to do it myself.

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 17, 2018

Your best bet is to go to an expungement clinic. Many of them are free. It is fairly difficult to do it yourself. If you want to do it, however, most counties offer a guide to expungements on the clerk's website. There are a number of forms you have to file in order to get the expungement.
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Q: If my ex lives in VA, and I live in PA, and he makes three times what I make, is child support enforceable?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 17, 2018

Did you have a support order against him for the 16 year old? If so, I would assume that the actual hearing will be here in PA. Is the 11 year old your joint child as well? If he is, and he was on the old order then you'd likely have a net order entered, with the difference between his support obligation for the 11 year old and your support obligation for the 16 year old going to you. But, in answer to your question, yes all support orders are enforceable. If your PA lawyer doesn't want to...
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Q: What happens if childs father enrolls child into a school without mothers knowing?

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Answered on Feb 17, 2018

While you've provided a lot of information here, one of the most important bits of info not here is whether there's a custody order in effect? This question really can't be addressed without the basic information regarding custody.
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Q: My daughter is 17 and had a baby. Can her father terminate child support because she had a baby?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 17, 2018

No, not just because she had a baby. Is she still in school? Has she been graduated? I think you should consider consulting with an experienced family law attorney in your area to discuss this situation in more detail.
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