Pennsylvania Child Custody Questions & Answers

Q: Actually my husband told me to post the question given our lawyer had been compromised...by the judge.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows your case, all of the factual details, etc. Without knowing *anything* about your case, the best I can suggest is that you request an office meeting with your present attorney if you're not satisfied with his...

Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Answered on Jan 15, 2019
Kathryn Hilbush's answer
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

Q: Thinking of moving out of state.Have custody agreement,but noncustod hasn't seen kid in 4 yrs.Will moving be an issue

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 9, 2019
Kathryn Hilbush's answer
The PA law requires you to either obtain the written consent of the other parent to your proposed relocation or to go to court for approval. You should consider consulting with an experienced family law attorney in your area to learn the procedural details because the process is very specific and rather complicated.

Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2019
Kathryn Hilbush's answer
You probably could have just searched for this yourself. Read this article. It will give you all the answers you need. Short version answer - he probably doesn't have anything that he can play in court.

http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

Q: My brother has been living with me for 9 months but my mom still has custody. How can I gain legal custody of him?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 3, 2019
Cary B. Hall's answer
File a petition for child custody of him. Under some recent law changes, you now have standing "in loco parentis" to make such a filing with the court.

Best of luck to you.

Q: is there a way for the man to gain custody back from the grandmother of the mother?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Dec 26, 2018
Cary B. Hall's answer
There's no way to answer your question without knowing everything about the case -- including what the current custody order says (if there even is one). You're also not going to be able to add information and get your answer here. Your brother needs to schedule a consultation with an experienced family law attorney and talk about his case, and then probably hire him or her. If he can't afford an attorney, he can look into the local legal aid organization and perhaps qualify for legal...

Q: If a custody order was modified but nothing modified about Christmas does that holiday go off of the previous order?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Dec 24, 2018
Kathryn Hilbush's answer
That would probably depend on the exact wording of the newest order. We often say something like "all other terms and conditions of prior order remain in effect" or something along those lines. if in doubt, you should probably follow the terms of the prior order but if you want to work out something different it shouldn't pose a problem if you both agree. Thus is really difficult to answer without having seen the current order. Merry Christmas!

Q: I have two kids with my ex. She moved in a guy that she met while in the mental hospital. She won’t tell me his name

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Dec 24, 2018
Cary B. Hall's answer
Legally, you could file a petition to modify custody just to bring the issue to a head. State your concerns in the petition, and, ultimately, I'm sure you'll have the court asking her the same questions that you're asking yourself -- although your ex won't be telling the court to mind its own business.

Alternately, you could have an attorney send her a formal letter on your behalf which demands the information you're looking for, and threatening to take her to court if she won't...

Q: Doi have to send my child to his fathers if sex offender lives there now

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Dec 24, 2018
Cary B. Hall's answer
If you have a court order that grants your son's father a specified custody time, then *not* sending your son according to the custody schedule would be a violation of that court order. But, unless your son's father files a petition for contempt against you, no one would be the wiser. I suggest that if there's a way you can talk to your son's father about the situation, try that first.

If, however, your son's father still insists on having both your son and the sex-offender relative...

Q: Hi i have a sixteen year old daughter that does not like going to her fathers house because he gets her and drops her

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Dec 24, 2018
Cary B. Hall's answer
First, I suggest you talk to her father about it. And urge your daughter to talk to him about it too -- but rationally, and not like a three-year-old. She's about to be a legal adult, and she can start working on being one by addressing her situation calmly but directly.

If that goes nowhere, then a possibility is to file a petition to modify custody. Because your daughter is 16, a court will place much more emphasis on her desires -- and your daughter will have an opportunity to...

Q: Can the father of my daughters children take them if there is no court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 23, 2018
Kathryn Hilbush's answer
Yes, he can because he has as much right to the custody of their children as she does. She'd better get to the court house on Wednesday and start the custody proceedings. However, if she hasn't been living in PA for at least the last six months, PA may not have jurisdiction. Here's a thought - instead of waiting to get in to see Legal Assistance, and then possibly learning that she has to file in DE or wherever the children used to reside before she moved to PA, she could consult with a...

Q: i have a domestic charge against me on my fiance can she hold my daughter against me?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Answered on Dec 20, 2018
Cary B. Hall's answer
Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although that usually takes a long time if there are no emergency motions filed.

In addition, there often is a bail condition in domestic assault cases that the abuser may not have any contact with the...

Q: Can I file a petition for emergency relief-custody to get my child back.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Dec 19, 2018
Cary B. Hall's answer
First of all, if you believe there is an immediate threat to your daughter, contact the police. Second, contact DHS and inform them about what you know. Third, contact a legal aid organization in Philadelphia about modifying custody -- you can often get counsel in family law cases for little or no money if you qualify financially. They can help you with the appropriate paperwork and other procedural aspects of a custody modification case.

Best of luck to you.

Q: Are vacation details and itinerary required to be provided to primary custody parent?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
If it says so in your custody agreement and/or court order, then yes. If it doesn't, then no . . . but, as a general show of goodwill and co-parenting, it is probably a good idea to provide the details to the other parent. You'd want the same consideration, and what's good for the goose is good for the gander. As in all things, play fair.

Best of luck to you.

Q: Help with children and youth difficult ex husband

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Pennsylvania on
Answered on Dec 13, 2018
Kathryn Hilbush's answer
Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital letters, I still think you need to meet with an attorney instead of seeking information online about what is clearly a complicated and messy matter.

Q: Can my kids father claim our kids

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when...

Q: Do i have the right to file for child support and a custody modification all in one day?

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Dec 12, 2018
Cary B. Hall's answer
No reason why you can't -- although you'll file for child support in the Domestic Relations Office, and your petition to modify custody with the Prothonotary's Office (two different desks, and maybe even two completely separate buildings). There will surely be a fee to file your petition to modify custody, so make sure you bring it and in the correct form of payment accepted by the court.

Best of luck to you.

Q: I currently have an attorney but feel as though nothing is being done. I am in a custody battle and going to pre trial.

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
If you have an attorney already, then you need to address these concerns with him/her. If you aren't satisfied with his/her actions and response, then you can certainly find another attorney who will be more pro-active.

Presumably you can address these most immediate concerns with whomever at your pretrial conference? I'm not familiar with the local procedures in your neck of Pennsylvania, but your attorney should be.

Best of luck to you.

Q: My son is 16 years old in the state of Pennsylvania and left his father because he did not want to stay there anymore ..

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 10, 2018
Kathryn Hilbush's answer
Apparently the NJ judge made his decision and now, I'm assuming, you're back in PA court. I suggest that you consult with an experienced family law attorney in PA. At 16, your son does not get to control his future but the court will at least listen to the well-reasoned thoughts of a 16year old.

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