Pennsylvania Child Custody Questions & Answers

Q: I wanna see my kid more than 2 a month

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Mar 23, 2019
Kathryn Hilbush's answer
Then, if the other parent won't voluntarily allow you to do so, you're going to have to file for more time with the court.

Q: Can someone parent who through a tantrum at court hearing signs away their parental get any custody after that episode

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
Honestly, kind of hard to understand your question! When you say "signing away their parental rights," you could mean two things: (1) at a termination of parental rights hearing (in Orphans' Court), a parent literally does sign away parental rights, or (2) at a custody hearing (in Family Court), a parent agrees to give up or limit custodial or visitation rights.

To determine which one you're talking about, I suggest you sit down with an experienced family law attorney to go over...

Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.

Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.

Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Answered on Mar 8, 2019
Kathryn Hilbush's answer
You should meet with an attorney in person to discuss this. I'm not sure where a civil rights violation comes into play but I'm sure you'll have more information to present if you meet with someone in person.

Q: Am I required to be in a room with my ex wife when theres a PFA in place?

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the child for part of a session upon occasion, however. I'd make sure that the therapist understands that this is therapy for your daughter. On the issue of violating the PFA, to be safe, the PFA should be...

Q: Why would judge order a minor child(4yrs old) to be present at judicial conciliation?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
That's a tough one. Without knowing what the issues in dispute are. it's really impossible to guess.

Q: Hi, my husband has been paying child support with no court order

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Cary B. Hall's answer
She's blowing smoke, and cannot seek "back support."

Q: My fiancé’s ex is threatening to take him to court for full custody unless he signs over his rights. Can she do this?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 3, 2019
Penelope A. Boyd's answer
People threaten each other often in custody matters. It does not necessarily mean a court will agree with them. But your fiancé should consult an attorney, find out his options and make his own decision. You should not be doing it for him.

Q: Our children are 8,7,&6 years old. Children and youth said they had to "temporarily place" them with their grandparents.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Kathryn Hilbush's answer
The act of granting custody to the grandparents will not in itself terminate your parental rights. That's a completely separate action. However, it appears to me that you would be well served to discuss your current situation with an attorney experienced in child dependency law before allowing this matter to progress much further.

Q: Will calling CPS on my ex for physical abuse affect my custody case?

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
The fact that you are asking this in the context of a custody case suggests you are more concerned about the custody case than any physical abuse. If that is not the case and your child has been abused then you should report it. It is a difficult situation in real life because you have no way of predicting what will happen. The safest thing to do is to discuss your options with a local family law attorney.

Q: My 3 yr old daughter's biological son is now deceased and I have remarried. My new husband wants to adopt her.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
In an adoption in Pennsylvania there is a provision that allows (in some cases) for limited continuing contact with the biological family. In custody, grandparents of a deceased may petition the court for partial custody or visitation. It all depends on what the court determines to be in the child’s best interest.

Q: What decides whether you are the custodial or non custodial parent? My child spends over 50% of the time with me.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Feb 20, 2019
Kathryn Hilbush's answer
If you have a court order for custody that should specify the periods of time when you have your child with you. If you don't have a court order, then you're going to have to demonstrate to the support court that the ch hild spends at least 4 overnights with you weekly, or 8 out of every 14. Anything less that that many overnights will be considered shared custody (7 out of 14 overnights) or partial custody (less than 7 out of 14). It's all in the overnights, not the daytime hours.

Q: Does it matter where the child goes to school in a custody case? Child goes to school in my county not moms

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 19, 2019
Kathryn Hilbush's answer
A support case can be he;d in any of the following venues:

(1) the county in which the defendant resides, or

(2) the county in which the defendant is regularly employed, or

(3) the county in which the plaintiff resides and that county is the county in which the last marital domicile was located and in which the plaintiff has continued to reside.

(4) the county in which the child resides if the relief sought includes child support.

As you can see,...

Q: Can a parent move out of the school district without the other parent's permission for school age children?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
There are specific procedures for "relocation" in child custody situations like yours. Sit down with an experienced family law attorney in your area and go over them.

Best of luck to you.

Q: Can a legal guardian forbid child to see or speak to their biological mother?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
Probably not! I'm also curious what exactly you signed to grant any sort of legal guardianship to your sister.

I think you should sit down with an attorney ASAP and go over that document together -- and then determine the best plan of action going forward. Best of luck to you.

Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.

Q: My son and I live in pa and his father lives in wv he is 7 months old where will custody have to be done?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You'll take care of custody in PA, where the child has lived for six months.

Q: Does cps have any grounds for a court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate....

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