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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I wanted to see what my husband and I can do legally to keep a toxic family member from seeing our children.
Cary B. Hall
Cary B. Hall answered on Feb 5, 2020

If the toxic family member has no legal custody rights to your children, then that family member has no right to "see" them either -- and you and your husband, as parents, can prevent access between the two.

If the toxic family member is a grandparent, I will tell you that he/she does have...
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1 Answer | Asked in Criminal Law and Child Custody for Pennsylvania on
Q: I was wrongfully charged with sexual assault against a minor.

I was incarcerated for a month and a half then I was released because my son recanted his story but while I was incarcerated they had a court date for custody for my oldest child but being as though I was not present they pushed his court date back and granted my children's cousin sole custody of... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 28, 2020

Your plate is unfortunately full of bad luck! Sorry to hear it.

Also unfortunately, you haven't posed a question -- so there's nothing for me to answer. Try again?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My boyfriend and I have 3 kids together but I kicked him out. He is threatening to take my 2 girls with him can he?
Cary B. Hall
Cary B. Hall answered on Jan 27, 2020

Let's backtrack. If "your" two girls are two of the three children that you and your BF have together, then your BF has just as much legal right to have them as you do. If the two of you can't agree on who will have legal and physical custody of your three children, however, then one of you will... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Will my child be free from their father if their father moves from Pennsylvania to Florida without an arrangement?

We do not currently have an official custody arrangement. It has been 9 years since we divorced. The children are both 15 years old. We are afraid to go for court for one because the children don't want to see their father more than they have to if we fail to get sole custody. However, the father... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

I am not sure what safe legally means? The father has an equal right to see his children, so a court may order visitation. The children's viewpoint is one of 16 factors the court considers in ordering visitation. Here is where it gets nasty. Florida is a member of the custody compact but they... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I need to establish custody if other parent is in prison?

I have a 4 year old and no written custody agreement. My ex husband is currently in jail. Do I establish full custody now or wait till he is released

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

Realistically, you'll be making 100% of the parental decisions as long as he's incarcerated, and you don't need a court order to do that. However, once he's out, there could be some friction between you two if you can't always agree on child rearing. If you think that's likely, you may want to... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is the procedure in PA to file for a change of jurisdiction to another state for child custody?

My children are not PA residents and there is documented child abuse (through counselors) in the PA parent's home. All evidence is outside PA.

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

I see you're asking your question from NY State, and so I'll presume that the state where you and the children reside.

So long as the children have resided in NY State for the past six (6) months, NY State should have jurisdiction of child custody decisions now. Open a custody case in your...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Grandparent custody question. Both parents arrested.

My son in law is in jail for molesting my granddaughter and her half sister. My daughter was arrested for choking my granddaughter and intimidating her. My daughter has not permitted me to see my grandchildren. There are three. When my daughter was arrested I picked up the eldest three from... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jan 20, 2020

You should consult a local attorney about your custody options. It sounds like these kids will need a lot of support. If your question is whether or not you could get some form of custody, it is a possibility you can explore through the courts and/or the local Children & Youth agency. It is... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can I find My Daughters Mom in Contempt??? HELP!!!

My daughters mother has primary custody of them. I have partial custody with court ordered visitations every other weekend. We share 50/50 legal custody. For the part 5 years their mother has not been a part of their life she just disappeared. I was not able to have the kids live with me at the... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jan 17, 2020

Consult a local attorney about filing to modify the custody order and to object to the relocation.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it legal for grandparents to bully a single mom into signing over partial custody of her child to them under threats

My sister got pregnant and her boyfriend died from OD. His grandparents asked my sister to move in and offered her fancy cars and concerts. She moved in, had the baby, and is now struggling to stay sober. She has maintained FT employment and paid for everything. They let her live in their attached... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

Your sister should contact the Reading Office of MidPenn Legal Services (presuming she is located where you are, per your question), and schedule an appointment with someone there to go over the "agreement" and her legal options. The contact information for that office is here:... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Pennsylvania on
Q: How to go about getting custody of my nephew in Md. His parents are in jail and he's with children services we live in P
Penelope A. Boyd
Penelope A. Boyd answered on Jan 13, 2020

You should consult with a Maryland attorney. Although you live in Pennsylvania, Jurisdiction over children is governed by the residence of the child. Presumably, an attorney who is familiar with practice where you nephew resides can help you. A lot will depend on the children's services agency... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: My wife and I agree on a divorce and are curious as to how the process will work in PA.

I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: my kids father is trying to decrease his child support order but I just saw he rented out an apartment for $1200.

Will that help my case? Also he we have a custody agreement that he doesn't abide by and he sees the kids once a month instead picking them up every other Saturday.

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

If he owns the property that was just rented, the $1,200.00/mo. rental income could possibly be counted as his income for purposes of calculating child support. If the property is owned by a company, however, the lines are more blurry. Definitely bring it up to the hearing officer.

Your...
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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can i put my kids in protective custody when mu ex leaves the 15 and 10 yo has heart defects? Home alone overnight

The ex has a tendency to lesve the kids home alone friday nights no babysitter with alot of men i do not know or trust knowing they are typically home alone without her there at times. Its a safety concern she refuses to listen to and always tells me to its my life dont tell me how to live it.... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

You should discuss this situation with an experienced family law attorney. If the circumstances are as you say, there are several options. Talk to an attorney in person please.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can my child’s father force me to let him visit him?

He doesn’t have a stable job and doesn’t have a place to take him or live.

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

There's a difference between visitation and shared custody. You should speak with a lawyer who handles custody cases. A person that is poor can't be deprived of a right to visit merely because of their poverty. Other issues yes, the fact he may not have a steady job doesn't mean no visitation. But... Read more »

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: If I have just been granted sole legal and physical custody of my children how do I get them?

A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The best approach would be to try to do this without the police and contact her. She may not have been served with the order so see what you can do to get it into her possession. I suggest that you not be too aggressive or threatening about it. In the least, try to find out where the children are.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Mother gave Father full custody now he might be arrested. What happens to the kids?

Mother gave Father full custody based on a verbal agreement that he would take them and go away. This was her attempt to get away from him and his abuse of her. He has not gone away and is continuing to do things that he might be charged for. He is already on probation that includes no contact with... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

If Father is incarcerated and Mother is unwilling to step up to the plate and take care of their children, then, unless a suitable family member is located, the children will probably go into foster care.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Pennsylvania on
Q: What to do when a verbal agreement surrounding custody isn't being honored?

A friend of mine made a verbal agreement with the father of her children to get away from his abuse. He told her that if she gave him full custody and let him keep the house that he wouldn't contact her in any way including child support. She wanted the details of the agreement added to the custody... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

She can immediately file for custody -- and should. She should also consult with a good family law attorney as well to discuss her various options and plot her next move(s), including about dealing with the house situation.

Feel free to pass my name along to her and have her contact me....
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: Current custody order states that “child shall attend school in district where mother resides” can my ex fight this?

moving back to previous neighborhood after temporary move to another school district

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

Custody orders are always reviewable by courts, so yes -- your ex can "fight" this by filing a petition with the court.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My daughter was taken out of state by her father. I want to get custody and avoid lawyers and court costs.

My daughter is 15. She's lived with her dad as a mutual agreement since she was 8. I have the other daughter, 17. He recently moved out of state against my wishes. There is no custody agreement or child support. She wants to live with me. If I file for custody once she's with me on a visit, what... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

Everybody wants to avoid "lawyers and court costs." Everyone also wants to avoid plumbers -- until your toilet doesn't work, and then you want one. "Lawyers and court costs" are the same: if you want something involving lawyers and courts, then you have to deal with them. So my first bit of... Read more »

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