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Pennsylvania Questions & Answers
Q: is taking your owned truck from repair shop considered criminal or civil?
Mr. Ryan L Hyde's answer
It could be. If you havent paid for the work that was done it could be considered theft of service.
It could be. If you havent paid for the work that was done it could be considered theft of service.
Q: I am the custodial parent and my ex wife has visitation can she take my child to sleep overnight at her boyfriends?
Kathryn Hilbush's answer
Obviously you realize that she and her boyfriend are both violating the PFAs against them by doing this. The situation is surely odd. Whether your child is in danger is hard to know, particularly with the limited information provided. My suggestion is that you have a consultation with an experienced family law attorney in your area. At that time you can more fully explain the situation and get some advice based on what you discuss.
Obviously you realize that she and her boyfriend are both violating the PFAs against them by doing this. The situation is surely odd. Whether your child is in danger is hard to know, particularly with the limited information provided. My suggestion is that you have a consultation with an experienced family law attorney in your area. At that time you can more fully explain the situation and get some advice based on what you discuss.
Q: I've had an emergency custody order in pa for 3 years now and mother never pursued. Now she wants custody.
Kathryn Hilbush's answer
Generally speaking, both parents have legal rights to their children unless those rights have been terminated in connection with an adoption, so, yes, she can file. Do you have anything to worry about? Well, that depends on what you mean by "anything." The court evaluates 16 factors when making a custody determination. I've provided you with the link. Read sections 5328-5330 specifically.
Being absent from a child's life for 3 years will certainly not weigh in her favor, but without...
Generally speaking, both parents have legal rights to their children unless those rights have been terminated in connection with an adoption, so, yes, she can file. Do you have anything to worry about? Well, that depends on what you mean by "anything." The court evaluates 16 factors when making a custody determination. I've provided you with the link. Read sections 5328-5330 specifically.
Being absent from a child's life for 3 years will certainly not weigh in her favor, but without...
Q: My ex took me for child support an my kids spends more then 50% of there time with me can I get it dropped or reduced
Kathryn Hilbush's answer
In PA we measure custodial time by overnights so, for example, if the children spent every day with you from 9 AM until 9 PM, but slept at their mother's every night, you would likely not be not be considered to have more than 50% custody. Your question is unclear as to where you are in the support proceedings. It sounds like you've already have an order entered. It's pretty impossible to know from here in the internet whether you can have that order dropped or reduced without a lot more...
In PA we measure custodial time by overnights so, for example, if the children spent every day with you from 9 AM until 9 PM, but slept at their mother's every night, you would likely not be not be considered to have more than 50% custody. Your question is unclear as to where you are in the support proceedings. It sounds like you've already have an order entered. It's pretty impossible to know from here in the internet whether you can have that order dropped or reduced without a lot more...
Q: Can I "sell" my QDRO of $80,000 at a loss? I'm due to aquire it in 3 years but need it now.
Kathryn Hilbush's answer
Not that I'm aware of. I suggest that you discuss this with the attorney who represented you in the divorce.
Not that I'm aware of. I suggest that you discuss this with the attorney who represented you in the divorce.
Q: If mom and dad share equal physical and legal custody ismom entitled to support. There is no legal support ordet
Kathryn Hilbush's answer
Perhaps, or maybe dad is. It depends on their respective incomes. There are statewide rules for determining child support. If you know the other parent's income, you may be able to get some idea by using one of the online support calculators, such as the one I'm giving you the link for.
https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client
Perhaps, or maybe dad is. It depends on their respective incomes. There are statewide rules for determining child support. If you know the other parent's income, you may be able to get some idea by using one of the online support calculators, such as the one I'm giving you the link for.
https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client
Q: Does a non martial childs biological father have rights or does my husband have rights?
Mr. Ryan L Hyde's answer
What you have here is a mess. Which I am sure that you know by the fact that you are posting questions here. You really need to consult with an experienced family law attorney to untangle this. Let's start with the name is on the birth certificate. While that is not definitive its a good starting place. Generally, if you are married the husband is considered to be the father unless that is rebutted. The biological father could file a paternity petition, so could the husband for that...
What you have here is a mess. Which I am sure that you know by the fact that you are posting questions here. You really need to consult with an experienced family law attorney to untangle this. Let's start with the name is on the birth certificate. While that is not definitive its a good starting place. Generally, if you are married the husband is considered to be the father unless that is rebutted. The biological father could file a paternity petition, so could the husband for that...
Q: My U.S citizen spouse died 3 days ago can i file an i-360 petition fow widower but we never file anything in the past!
Matthew J Hartnett's answer
I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years of your spouse's death.
I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years of your spouse's death.
Q: If there is no agreement for our child and she lives with mother full time can father just up and take her & not return?
Mr. Ryan L Hyde's answer
Why couldn't he? The kids are just as much his as they are hers. The police won't do anything because there's nothing to do and no laws are being violated. If he takes the kid and doesn't return them that won't look good in future Court proceedings, but there's nothing to prevent him from doing that. Custody orders are important because they protect the interests of both sides. They Define a legal relationship so that the courts can intervene if one party can't play fair.
Why couldn't he? The kids are just as much his as they are hers. The police won't do anything because there's nothing to do and no laws are being violated. If he takes the kid and doesn't return them that won't look good in future Court proceedings, but there's nothing to prevent him from doing that. Custody orders are important because they protect the interests of both sides. They Define a legal relationship so that the courts can intervene if one party can't play fair.
Q: If someone was charged with 18 § 5503 §§ A4 grade s, what exactly does that mean?
Mr. Ryan L Hyde's answer
That person was charged with disorderly conduct. Which means they either intentionally or recklessly created condition which could have caused public annoyance alarm or inconvenience. The summary offense part means that you can get sentenced to up to 90 days in jail.
That person was charged with disorderly conduct. Which means they either intentionally or recklessly created condition which could have caused public annoyance alarm or inconvenience. The summary offense part means that you can get sentenced to up to 90 days in jail.
Q: In the case where your defending yourself in a custody case what info does your spouse's attorney have to give you
1 Answer
| Asked
in
Divorce, Family Law and Child Custody
for
Pennsylvania
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Kathryn Hilbush's answer
Your post is confusing, even when I add in the missing punctuation. In the header you ask about what information must be provided and then in the body you seem to be asking how to force CYS to withdraw their involvement, which is unlikely, by the way. You really should at least meet with an experienced family law attorney where you can ask the questions you have and obtain advice.
Your post is confusing, even when I add in the missing punctuation. In the header you ask about what information must be provided and then in the body you seem to be asking how to force CYS to withdraw their involvement, which is unlikely, by the way. You really should at least meet with an experienced family law attorney where you can ask the questions you have and obtain advice.
Q: Am I entitled to any of my wife's business if she started it after we separated?
Kathryn Hilbush's answer
Hard to know. My first thought is no, but without meeting with you to go over everything in detail, my response is please consult with an experienced family law attorney in your area. That's the way to obtain good advice on what might be a rather complex issues depending on multiple factors.
Hard to know. My first thought is no, but without meeting with you to go over everything in detail, my response is please consult with an experienced family law attorney in your area. That's the way to obtain good advice on what might be a rather complex issues depending on multiple factors.
Q: What types of things can be held against a father when determining more visitation time and overnights?
Kathryn Hilbush's answer
It's impossible to know what the result of this scenario would be. I am providing you with the link to the custody statute. Read sections 5328-5330 in particular because that's where you'll find the 16 factors the court must consider when determining what a custody order will be. I strongly urge you to consult with an experienced family law attorney in your area to discuss the details of your particular situation in greater depth....
It's impossible to know what the result of this scenario would be. I am providing you with the link to the custody statute. Read sections 5328-5330 in particular because that's where you'll find the 16 factors the court must consider when determining what a custody order will be. I strongly urge you to consult with an experienced family law attorney in your area to discuss the details of your particular situation in greater depth....
Q: I owe child support arrears. Over $20k. Can i reduce my child support? I don't want to owe no more.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Pennsylvania
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Kathryn Hilbush's answer
If you're asking can you lower the support order so that you can contribute more toward the arrears, even though you're now making more money, the answer is unlikely in PA. I see that you posted this question from a Michigan. If your support order is in MI then you should be asking this question of MI attorneys. If your case is in PA, I suggest that you consult with an experienced family law attorney in the PA county(ies) where the support orders were entered to discuss the details of your case...
If you're asking can you lower the support order so that you can contribute more toward the arrears, even though you're now making more money, the answer is unlikely in PA. I see that you posted this question from a Michigan. If your support order is in MI then you should be asking this question of MI attorneys. If your case is in PA, I suggest that you consult with an experienced family law attorney in the PA county(ies) where the support orders were entered to discuss the details of your case...
Q: Ex stopped paying unofficial CS. Will this effect my son's health insur (through state)? Will we go to court?
Kathryn Hilbush's answer
I suggest that you contact whatever agency administers the health insurance, such as DPW, and ask. If you don't want to reveal your name, just ask as a general question. You may have to file for child support through the court. Whatever you do, don't just ignore the situation.
I suggest that you contact whatever agency administers the health insurance, such as DPW, and ask. If you don't want to reveal your name, just ask as a general question. You may have to file for child support through the court. Whatever you do, don't just ignore the situation.
Q: Have a son who I going to be 18 in October and didn't go to school for 3 years and only in 9th or 10th grade
Kathryn Hilbush's answer
You may have to pay until he's been graduated from high school, but it's hard to know without far more information there's no way to tell. Child support obligations typically run through the later of attainment of 18 years of age or graduation from high school. I suggest that you consult with an experienced family law attorney in the county where the order was entered to learn how the local court may view your particular fact pattern.
You may have to pay until he's been graduated from high school, but it's hard to know without far more information there's no way to tell. Child support obligations typically run through the later of attainment of 18 years of age or graduation from high school. I suggest that you consult with an experienced family law attorney in the county where the order was entered to learn how the local court may view your particular fact pattern.
Q: The fathers home Pa, son born in Pa, mothers home is illinois father incarcerated fla dad wants to grant guardianship to
Kathryn Hilbush's answer
It usually depends on where the child has resided for the last six months. You'll need to provide more information.
It usually depends on where the child has resided for the last six months. You'll need to provide more information.
Q: My ex husband signed over his rights to all 3 of our children 11 years ago. He now wants custody. Is this possible?
Kathryn Hilbush's answer
If you mean he agreed in a custody case not to have any custody of the children, yes, it is possible. However, it would be highly unusual, absent a finding that you have seriously endangered these children in some way, that he would get primary custody any time soon. The courts typically allow previously absent parents to reunite with their children, but usually with extensive counseling and tiny baby steps as far as one on one time with the children. You should consult an experienced family...
If you mean he agreed in a custody case not to have any custody of the children, yes, it is possible. However, it would be highly unusual, absent a finding that you have seriously endangered these children in some way, that he would get primary custody any time soon. The courts typically allow previously absent parents to reunite with their children, but usually with extensive counseling and tiny baby steps as far as one on one time with the children. You should consult an experienced family...
Q: How can I get a divorce case dismissed that was filed in PA against me as neither of the parties is living there?
Kathryn Hilbush's answer
It depends on many factors. If either of you had been a resident of PA for at least six months at the time the complaint was filed, it will probably stay in PA. The way to have it dismissed is either enter into an agreement to withdraw it with you spouse or file Preliminary Objections. You really should at least consult in person with an experienced family law attorney to determine what options you have.
It depends on many factors. If either of you had been a resident of PA for at least six months at the time the complaint was filed, it will probably stay in PA. The way to have it dismissed is either enter into an agreement to withdraw it with you spouse or file Preliminary Objections. You really should at least consult in person with an experienced family law attorney to determine what options you have.
Q: How long can a married couple stay separated with a child involved & one of the parties has been dating
Dawn Padanyi's answer
Pennsylvania does not have legal separation. You are either married or single. A couple could live separate and apart for an indefinite amount of time and still be legally married. It sounds like there may be a basis for your question, so it would be wise of you to have a private consultation with a local family law attorney that can get all the relevant details then advise you thereafter.
Pennsylvania does not have legal separation. You are either married or single. A couple could live separate and apart for an indefinite amount of time and still be legally married. It sounds like there may be a basis for your question, so it would be wise of you to have a private consultation with a local family law attorney that can get all the relevant details then advise you thereafter.
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