He's trying to take me for support when I barely make any money or none at all ( Caregiver). He makes more than I do, He's trying to go after my husband ( not the father to the 2 children I have with him) because he's the one that makes the money. Will he win the support case? I have... Read more »
Child support goes by a parent's "earning capacity," not necessarily his/her "income." If a parent isn't working -- and doesn't have a good reason for not working -- an earning capacity could be imputed/assigned to the non-working parent for purposes of a child...Read more »
My question is is there any Pennsylvania attorney that knows what to do when it comes to asking for a writ against the subordinate that is trying to exercise jurisdiction and a sister state such as New York versus Pennsylvania when we should be all on the same page I’m not receiving any phone... Read more »
My wife and I have been separated for 7 months. She has been in a relationship with another man for over 9 months. We have two children and do not have a signed agreement for anything yet. It is all being put into the divorce agreement. My wife had not brought this other man around our children at... Read more »
It's hard to know. Many judges are not looking happily upon people who they think are trying to use the stay-at-home order to their advantage in custody cases. On the other hand, you can argue that she's endangering your children. Your best bet is to speak about your options with an...Read more »
There is no hard-and-fast rule in custody cases about *anything*. It all depends on the best-interests-of-the-child standard, and that necessarily varies from case to case. Having said that, certain counties -- and even certain judges within a particular county -- may often do things in a...Read more »
No - there's no hard-and-fast rule. If the parents can't voluntarily agree on transportation arrangements, then the court will decide. But it will cost you time and money to fight about it in the courts, so parents' best bet is to try to work it out.
Even if there is no custody agreement, you still must follow the rules of relocation or you may be faced with a petition to return the children to the state and possibly and interim order giving the other parent custody until a hearing can be held. Unless the other side agrees to the move, you...Read more »
With such a general question without any facts, I can't even begin to answer your question. And frankly, adding more facts here online won't help you much either. You'll need to directly consult with an experienced family law attorney who can best advise you based on the specific...Read more »
My sons father and I have a court ordered agreement that states we have 50/50 custody but my sons father has only seen him for 4 days since 2020 has begun. Does that mean he broke the court order and does that give me enough reason to petition for a custody change. His father lives in another state... Read more »
He certainly didn't have him for 50% of the time so far this year according to your post, but without being able to actually read the order it would be difficult to know whether he"broke" the order. I suggest that you discuss the situation with an experienced family law attorney in...Read more »
Initially, I suggest going by whatever your children's particular school district is doing. If that school district is still offering distance-learning, then it certainly doesn't seem as if the school year has ended.
Custody orders are supposed to give parents concrete benchmarks...Read more »
Perhaps. An awful lot of additional information is needed to respond more fully and, even then, you're going to find that none of us online are going to give you a definitive response. I urge you to contact an experienced family law attorney to discuss the issue. Many of us are doing phone...Read more »
This custody order is outdated; the original schedule fit within the circumstances that I was in at the time the order was put in place, but no longer does. One thing that has not changed is that I have primary physical custody, the father has partial custody and we share legal custody. As stated... Read more »
I'd say no, because the key here is "mutual agreement." If you two can agree to something other than what's written in the original Order -- and you say that you've already done this -- then no harm/no foul if no one's complaining. But it doesn't sound like it...Read more »
If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....Read more »
I share 50/50 with my son's father and both of us have him on a week to week basis. Two weeks after the the final hearing, and the order can in the mail, The father's house catches on fire. The house is in unlivable conditions. He did not inform me about the fire I had to find out from... Read more »
Yes, you can file a petition to modify custody at any time, and you can ask the court to award you primary physical custody of your son. At worst, an initial hearing will be scheduled and you can hopefully get some answers to your questions.
Not in Pennsylvania. It's against public policy. The reason is that child support is for the benefit of the child -- not the parent who nonetheless receives it -- and a parent cannot "bargain" that support away.
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