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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I easily get full-custody?

My ex-wife has primary custody and it has been a nasty battle of manipulating the kids against me and a lot of disparagement about me to the kids (judge has already warned her about these issues). She is moving out of state and we have already been to our first court date, as I was not agreeing to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 19, 2019

By now you should know that nothing is easy in custody when the parents aren't 100% on the same page. Also, there is no such thing as "full" custody. Perhaps you mean primary physical custody? I suggest that you consult with an experienced family law attorney to get you through this. In the... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Ignorance, naïveté, & gullibility... left me w/ supervised visits of my son. I need HELP to modify a custody agreement?

My controlling, emotionally abusive ex cuts my visit short every wk now.

He never discusses Anything w/ me relating to our child. I’m not “allowed” at doctor’s appts anymore, not “Allowed” to FaceTime with my little dude, & Now not even “Allowed” to ask ‘Why?’ about... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 13, 2019

No way you're going to have any reputable family law attorney give you any "magic words" here in this forum. You need to schedule a consultation face-to-face and discuss the details of your case that way. Every family law case is different -- there's no one-size-fits-all, alas (or even most!) --... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My 18 year old daughter would like her stepfather to adopt her and be able to legally change her name to ours,

Her birth father has not really been in her life for 3-4 years. Would her biological father need to sign off any rights for her to legally be adopted now that she is an adult? We reside in PA.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

No, as an adult she does not need parental consent.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Mother filed a false protective order to get child then moved out of state "Pennsylvania " we lived in Maryland

We were in MD for 9 months. She has been in PA for 3 weeks and has blocked all communication with me and now I received support papers in the mail box.but haven't been served with anything...I have filed for custody in MD waiting to hear from the court...how can she file in PA and do I have to get... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 1, 2019

She's playing the jurisdictional game, obviously -- and she won't win. But in the meantime, it's a huge hassle.

I say you do nothing on the support end of things, esp. if you haven't been formally served with anything (and don't sign for anything yet). You may want to consider filing an...
Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Would a 2014 child custody order still be in effect if the parents moved back in together months later? (Still together)

The other parent and I are still living together . We were separated only for four months in 2014. During that four month separation, the court order became effective.

The court order states that both parents are to make decisions regarding medical care and mental health treatment, but... Read more »

Cary B. Hall
Cary B. Hall answered on Oct 30, 2019

The court order is still in effect until changed by the court, or until the child is emancipated. If the other parent will not agree to counseling for your child, you can file an emergency petition for relief under the same custody caption and ask the court to order that the child receive... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Where do I file for custody and how? Illinois or Pennsylvania? I just moved back to IL from PA after 11 Months.

My daughter was born in 2015 in PA (with both myself and her biological father on the birth certificate), we spent 2 years here and moved to IL for about a year to stay with her paternal grandparents. December of 2018 I separated from her Biological father (we were not married) and I moved my... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Oct 22, 2019

It depends. If you want to file right away, you probably should consult an attorney in Pennsylvania, because it would be the child's "home state" for interstate jurisdictional purposes. Generally, a "home state" is the state where the child lived for six months prior to the filing of the custody... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a teacher ask a child without parents a consent or knowledge if the child wants/likes to live with mother or father?
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

I don't believe it's illegal. Tacky, and possibly a violation of school personnel codes. Suggest you have a meeting with the teacher and principal.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I’m supposed to have vacation custody but she wants me to have them only 12 days and I wish to have them aproxima.23

We are separated not divorced but she left from Pennsylvania to Puerto Rico 5 months ago

Penelope A. Boyd
Penelope A. Boyd answered on Oct 21, 2019

Vacation time is like every other provision of a custody order. It can be modified by the court if it is in the best interests of the child. In determining a vacation period, courts will look at factors such as the age of the children, whether they are in school, and the nature of the proposed... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why i still have to pay suport when we share phisical/legal 50/50, kids spent a week with me and week with the mother

We have shared legal custody and kids spent one week en each house while with me i provide for everything without asking mother for nothing master just gave me a 300 a month in support just because mother said she pay for daycare (which is ccis) and she only pay Copay and the kids dont go to... Read more »

Kathryn L. Sullivan
Kathryn L. Sullivan answered on Oct 17, 2019

These are questions you should be asking your lawyer. With limited information it is impossible to answer your question definitively. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: will changing from partial custody to 50/50 decrease what I pay in child support? Dad still isn’t working and I am.

I will now have shared physical custody instead of partial. I work and sons father doesn’t. Can what I was paying with partial custody be decreased now that I will have my child 50/50? Dad can, but chooses not to work. Is this okay? Can they ask him why he’s unable to work? Should I pay the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 8, 2019

Your order may decrease but it's all dependent n your relative incomes. You should consult in person with an experienced family law attorney in your area to discuss the best way to present the case in regard to the father's alleged inability to work.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is carbon county open to 50/50 custody?

I was staying at my parents house for the duration of a drawn out divorce. I was given every other weekend based on my distance. I am purchasing a home within the same school district and less than 10min from where my children reside with my ex. I want to be an equal parent to my children but my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 6, 2019

I can't speak to Carbon County specificallylly but most counties are.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am 17 and in December I will be 18. Would I be made to return home if I moved out without my parent's permission?

The other day my dad had given me the choice to leave but he has since retracted that since I stated I did not want to live with them.

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You can leave when you're 18 but don't expect your parents to provide for you. Maybe try to work things out instead?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it illegal to offer someone money in exchange for their child, and what can be done about it?

A friend was offed $50k for her son by the fathers ex-gf. What can my friend legally do about this?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 3, 2019

Doesn't sound like it's on the up and up. What exactly do you think she should do about it? I assume she can go to the District Attorney's Office about it but you can be certain the ex gf will either flat out deny the accusation or say there was a misunderstanding.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: i recieved court date scheduled october 2nd 2019 in hale county and im in pennsylvania
Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

I don't know where Hale County is but you should deal with the issue with an attorney from that jurisdiction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period . That's... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Modification of child support has been filed will they go back and correct original order?

Original order they calculated mandatory pension in net income

Kathryn Hilbush
Kathryn Hilbush answered on Sep 24, 2019

Hard to know. Depends on the circumstances surrounding the original "error". Usually, however, a modification is applicable from the date of filing going forward.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My child support was calculated wrong, they included my mandatory pension amount into my net pay? What can I do?

Modification has been filed will they go back and fix original order?

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

You can file a petition to modify support with your Domestic Relations Section.

Best of luck to you.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek that from...
Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex has been receiving CS for 2 years she was recently arrested 2 times for theft could CS be stopped because of it?

She has been in an out of jail since their birth only 2 years ago she came into their lives there 9 now so we went to court they immediately gave her 50-50 even being absent for so long. It’s been a battle she is well known in the courts but how addicts are viewed now is different than 10 years... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 22, 2019

Retail theft is not one of the crimes that the custody court is expected to consider when making a custody determination. I wouldn't think that you can have the support stopped based on these charges either. Obviously you're very frustrated with the court system but these arrests are not likely the... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can two parents agree to terminate ones rights to a child? Or is that something a court has to decide?

Not pertaining to adoption, the mother doesn't want the child after birth and the father will take it

Kathryn Hilbush
Kathryn Hilbush answered on Sep 19, 2019

Yes, they can agree but it would be in the context of their child being adopted by another person, usually a stepparent. Be aware that there is a specific form and procedures for accomplishing this.

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