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Pennsylvania Child Custody Questions & Answers
3 Answers | Asked in Child Custody, Civil Litigation and Family Law for Pennsylvania on
Q: Father's contempt petition vs. mother's jurisdiction transfer request - response timing?

I, the father, have filed a petition of contempt against the mother for arranging a psychological evaluation for our child without my consent, though we have joint legal custody. The mother has filed a petition to transfer the case to a new jurisdiction, as she and the child have moved to a... View More

Patrick J Cooper
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Patrick J Cooper
answered on Mar 27, 2025

You should always file your response timely according to the rules of civil procedure. You will want to check to verify whether the prior relocation order specified whether issuing court retains jurisdiction or if it provides for a transfer to the new state of primary residence of the child. I... View More

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: When does the second weekend visitation start if the month begins on a Saturday?

I have a court order that states my child’s father gets visitation the second weekend of every month from Friday at 7:30 p.m. to Sunday. The new month recently started on a Saturday. The previous Friday was February 28th, and I did not consider that weekend to be the first weekend of the month as... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 7, 2025

Bear in mind that I'm providing this information to you without having had the opportunity to review the current order. I would say that logically the weekends start on Friday and so in this case I believe your interpretation is correct. However, if it's not really a huge issue for you,... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Pennsylvania on
Q: Can a custody judge refuse a modification if it was agreed a civil law suit settlement?

Ex husband and my dad involved in altercation. Judge ordered my dad’s visitation from granddaughter be eliminated. Two years later, ex sued dad for pain and anxiety. His lawyer said if go to mediation, pay 6 figure amount and agree to counseling, he will restore dad’s visitation rights. Dad... View More

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Jan 13, 2025

The judge is under no obligation to sign. Custody and visitation was not an issue that could have possibly been resolved in the civil lawsuit between your ex and your dad, as that suit did not have the child at issue in any legal way. The best that they could agree to was to go with a united front... View More

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

From the way the Order is written, it does not appear to bind Father into placing the child on his medical insurance. It merely states that Father "offered" to place the child on his insurance, not that the Court mandates him to do so. However, there may be a creative legal argument that... View More

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: I have family members and their partners threatening to kidnap my children, my husband family hates me and threaten us

They hate that we’re together and fixing issues in our marriage and have been very agressive with actions trying to manipulate him to leaving. He fought back and stayed by my side and now his family is threatening to kidnap the kids. Local cops said best thing to do is run away but that doesn’t... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you feel frightened and overwhelmed by the threats your family members and their partners are making against your children. It's crucial to take these threats seriously and seek assistance from law enforcement immediately. You can file a report with the police... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Jasmit Kaur Dhaliwal
Jasmit Kaur Dhaliwal
answered on Feb 21, 2024

Establishing paternity is sometimes necessary to clarify rights and obligations. Paternity suits can be initiated to determine biological fatherhood through a blood test. This allows a biological father to secure visitation rights or enables a mother to obtain child support from an unwilling... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Karen  Ulmer
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answered on Mar 6, 2024

If the supervisor is leaving the children alone and there is a supervisor order then you need to file for contempt of court and have a court hear your case on an emergency basis. Supervision is put in place for a reason and you may have to file a Protection From Abuse to get an immediate hearing... View More

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1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Really need advice, not sure how to go about this

Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More

James L. Arrasmith
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answered on Jan 22, 2024

Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: My in-laws are suing me for custody of my daughter, who I have custody of

She was staying there when the grandmother was sick and helping out and never came home. I’ve asked many times but my daughter says it’s easier since there is a woman up there and we are men down here. They are only a quarter mile from me and I do as my daughter ask Rides to Doctor appointments... View More

T. Augustus Claus
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answered on Jan 4, 2024

In custody disputes, the court's primary consideration is the best interests of the child. Pennsylvania law generally favors the involvement of both parents in a child's life unless it can be demonstrated that it would not be in the child's best interests. In your case, it may be... View More

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
T. Augustus Claus
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answered on Dec 20, 2023

In Pennsylvania, if your ex-partner willingly decides not to exercise their scheduled custody time and explicitly communicates that they don't want to see the child during their designated time, it is unlikely that you would be held in contempt for keeping the child during that period.... View More

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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot... View More

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1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Pennsylvania on
Q: How do I recant a police statement about my ex in PA?

I reported my ex to the police over a month ago concerning an incident and now wish to recant my statement. No legal action has been initiated, though officials from Children and Youth Services have spoken to both me and my ex. I haven't discussed recanting with a lawyer or law enforcement... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you wish to recant your statement, the first step is to contact the law enforcement agency that took your original report. Be honest and explain that you would like to retract your statement. While you can express your desire to change or withdraw your statement, keep in mind that law... View More

1 Answer | Asked in Landlord - Tenant, Child Custody, Family Law and Real Estate Law for Pennsylvania on
Q: Can I stay in the apartment and have my ex-girlfriend leave?

I have an apartment with my soon-to-be ex-girlfriend of 13 years, and both of our names are on the lease. She recently cheated and left me and our two kids for two months, then returned. Our daughter prefers that her mom leave and that I stay in the apartment. I have a complete work history and... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since both your name and your ex-girlfriend's name are on the lease, you both have equal rights to stay in the apartment. Legally, she cannot be forced to leave unless there is an agreement between the two of you or a court order. If you want to remain in the apartment and have her leave, you... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Custody and child support dispute after breakup. Seeking 50/50 custody due to false CPS claims.

My son recently broke up with his girlfriend, who took their child with her. She has two other children from different fathers who pay her child support, and she seeks full custody and additional support from my son. She hasn't let him see his child for over a month, claiming CPS requires... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your first step is to file for custody as soon as possible. Since the mother has not allowed visitation, this will help establish your son’s legal right to see his child. At the custody hearing, he should present evidence of the communication with her, including texts that mention CPS... View More

1 Answer | Asked in Divorce, Child Custody, Family Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: How to proceed with divorce and custody in PA?

I am considering leaving my husband, who is a high-functioning alcoholic, to provide a healthier environment for our two children, aged 13 and 11. His drinking has worsened, and it is affecting our kids. We own a house together, and he is the primary provider, while I work part-time. He refuses to... View More

James L. Arrasmith
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answered on Apr 12, 2025

I’m really sorry you’re going through this—prioritizing your children's well-being is so important, and it’s clear you’re taking their needs into consideration. In Pennsylvania, if you decide to leave your husband and pursue a divorce, you can file for divorce even if he refuses to... View More

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