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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How can I do that
Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

Are you the person looking for a free attorney? If so, you contact the county bar association where the support case is and ask about their pro bono panel.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I need a free attorney for child custody I tried to do legal services but I only qualify for the free Packet

I can’t afford any attorneys

Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

You can see if you qualify for the pro bono attorneys through your local county's bar association, but I suspect you will not if you don't qualify financially for Legal Assistance aid.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 10 yr old son's being mentally abused & name called by his father during visitations.

My ex has partial custody & my 10 year old son goes to his fathers house 3 out of 4 weekends a month, we rotate major holidays & he has him a week during the summer months every year. He's absolutely miserable there & cries ballistic when its almost time for us to go to his house & to the point... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

you need to see a family law attorney if you don't have one about getting the child visitation order amended.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How I can do pls
Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

You're going to have to ask a question.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: In regards to retroactive payments to be paid back to the non custodial parent that pays support.

My daughter no longer lives with custodial parent, father. Daughter lives with her Uncle, the brother of her father and his wife. Child has lived there since May, 2019. Which I am in agreement with. I filed for modification to terminate support in June, 2019. It is now August 29th. Can I file for... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

You can ask when you have your hearing. It depends on the totality of the circumstances. As an aside, be forewarned that the brother can file for support against you and the father if he so chooses.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: If child speaks to parent briefly, do I have to allow a full conversation later?

Every day/night at least once a day during my custodial period the father, stepmother, and sometimes step-siblings ask son to call them. They are on the phone for no less than 5 mins, sometimes 15-20 mins. If I'm lucky, I get 1-5 mins.

If son gets to see them briefly during an event, am I... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 28, 2019

Yes, you should still allow the call. If you believe that the manner in which these calls are being handled is unreasonable, then you will probably have to file a petition with the court to request clarification and perhaps some rules-setting.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Custodial father (I am NCP with partial custody and 50/50 legal) is refusing my husband to speak to anyone about son

Email from CP: "I have asked David to stay out of our decision making. I have also been informed that he alone is trying to get information regarding Ryan, I do not agree to this." (David isn't allowed per CP to even text that we are on our way unless stating WHY he is texting instead of me or to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 28, 2019

Are you asking if your ex is wrong in refusing to deal with your husband? Maybe he's being unreasonable but he's not legally wrong. If you believe that it's imperative that your husband be permitted to run interference, you may have to go to the Court with that request.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can I not attend a custody mediation for my child if I agree with her living with her dad?

My daughter left to go live with her biological father back in December of 2018. He went for full physical custody. I have a mediation coming up for this; however I am not disputing him getting custody. Do I have to show up?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 28, 2019

You should appear. Otherwise, no one will represent your interests and you'll probably end up with an order that does not establish contacts/visits with your daughter

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How many times can some file for support without going through with it?

i have been taken to child support twice now and he keeps saying that i dont need to be on it but continues to file

Kathryn Hilbush
Kathryn Hilbush answered on Aug 26, 2019

He can keep filing to his heart's delight. If you do find yourself in court, though, and you have retained an attorney to represent you, you may eventually be able to receive an award of counsel fees. You might also try bringing up that you keep having to miss time from work, pay a sitter, or other... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: What rights does my child's biological father have if he isn't listed on birth certificate?

He has threatened me. Has a criminal record,participates in illegal activities. I do not want him around my daughter at all. Does he have a chance in court

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: If a mother is keeping the child away from the father, what can the father do so that he can see he child?
Kathryn Hilbush
Kathryn Hilbush answered on Aug 20, 2019

The father would likely have to file a custody complaint, seeking time with his child. The complaint would be filed in the county where the child has resided for the last six months.

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1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on
Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I raise a deceased sibling child? She made a recording saying she wants her child with me.
Kathryn Hilbush
Kathryn Hilbush answered on Aug 18, 2019

It would probably depend on what the father has to say about this. You'd probably do yourself a service by consulting with an experienced family law ttorney in you area to discuss the facts and your options.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Pro bono lawyer

The number you provided don't assist defendants is there any other informating or help you can produce to help my case involving a pfa

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

Search online for "legal aid" for your jurisdiction, and start making calls. Or simply hire an attorney, and get the money to do so somehow.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I'm looking for a pro bono lawyer

I'm looking for a pro nono lawyer that is willing to help me in Wyoming county Pennsylvania with a PFA case that is being used to resolve a completely different case in Schuylkill county Pennsylvania

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

North Penn Legal Services provides pro bono representation if you qualify, so contact them. For Wyoming County, you should contact their Pittston office:

33 N. Main Street, Suite 200

Pittston, PA 18640-1949

P: 570-299-4100, Toll Free: 855-236-6405...
Read more »

2 Answers | Asked in Child Custody for Pennsylvania on
Q: I have primary physical custody of my child so would I claim her or would my ex?
Cary B. Hall
Cary B. Hall answered on Aug 15, 2019

You would -- unless there's some other agreement between you and your ex, like to alternate years in which a parent can claim the child (ex. Mother gets even years, Father gets odd years). Otherwise, IRS regulations go with the parent that has the child most of the time.

Best of luck to you.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: 15 year old wants to choose

My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 14, 2019

You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: My boyfriend and I split up and he physically has my son there is no custody order in place. What can I do to get my son

He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no clue what I... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 10, 2019

Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by... Read more »

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