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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a paternal grandparent get custody of a grandchild without the consent of the mother and/or going to court?

Mom, dad, and child live with paternal grandmother. Mom and dad are drug addicts, but mom wants to get clean. While Mom was in the hospital, the grandmother supposedly got custody of the child/grandchild. Custody was granted by a judge. If that actually happened, wouldn't the Mom be notified... View More

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

Eventually. If the child has been found to be "dependent" by a juvenile court (and upon a petition filed by Children & Youth), then the court could award temporary custody of the child to Children & Youth. That agency will then try to place that child with family first, and may... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I had a referee hearing, then went in front of judge.

We had a referee hearing about me receiving child support. Mother didn't show, her address wasn't updated at the court house. So petion was sent to wrong address. She filed an objection and we went to a court hearing. The Judge ruled for us to go back to referee hearing. Why would we do this.

Cary B. Hall
Cary B. Hall
answered on Jul 15, 2019

Probably because there never really was a referee's hearing to establish a support number in the first place -- where both parties were present and had input. So the Judge is sending it back so that can happen.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: child custody of a 15 year old. mother wants to relocate for full time job. child wants to go. Father is on house arrest

Father used son to take drug test. Informed Parole Officer. They have 50/50 custody. Mother is concerned if the father tries to say she is kidnapping. Son lives with mother at this time. Father is in a weekly pay hotel. Should mother go for full custody and does the son wanting to stay with mom... View More

Cary B. Hall
Cary B. Hall
answered on Jul 15, 2019

If "relocation" is several blocks away, then modification of the custody order wouldn't be required -- unless perhaps if those several blocks puts you in another state, or another county, or even another school district. If relocation is of such a distance that it would make the... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I have shared custody of my son. My ex & I live in different school districts, how do we pick what school he goes to?

I have shared legal & physical custody of my son. He is starting kindergarten this fall. My ex & I live in different school districts, how do we pick what school he goes to?

She enrolled him in her school district but it is clearly not the better district and I believe that it would... View More

Cary B. Hall
Cary B. Hall
answered on Jul 12, 2019

If you two can't agree, it sounds like you're going to have to file a petition and let the court make the decision. If you're in the better school district and you each have 50/50 physical custody, the courts will probably side with you and order that your son be enrolled in your... View More

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on
Q: How to terminate my husbands rights to a child that isn't biologically his but he is on the birth certificate

My husband and I are talking a out divorce. Before we got married we split up for 7 months, during that time I got pregnant. When we got back together we then got married, he knew that I was pregnant with another man's child. When the baby was born because we were married his name on the birth... View More

Cary B. Hall
Cary B. Hall
answered on Jul 12, 2019

If he is physically violent, contact the police to file criminal charges and also file a civil Protection from Abuse (PFA) action against him. The PFA can award you temporary custody as you navigate through a divorce.

Because his name is on the birth certificate, legally he is the...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What rights do I have as the mother and primary custodial parent if the dad moves 5 hours away. Never been married.

We have never been married and have lived with my parents for 4 years. My son included in the last 3. I am the mother and primary custodial parent. We have a court order in place which allows our son to see his dad every other weekend without allowing overnights. His dad moved 5 hours away with... View More

Cary B. Hall
Cary B. Hall
answered on Jul 10, 2019

First of all, a sit-down consultation with a good family law attorney would answer all of your questions. Lots of factors go into a child custody decision, especially when one parent relocates. It will be worth your time and money to get yourself informed, and an office consultation is always... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: There is an open custody case. Can child support be issued before the case is solved?
Cary B. Hall
Cary B. Hall
answered on Jul 7, 2019

Likely, yes - at least with a temporary order which reflects the current reality of where the children reside right now.

In addition, the earlier you file to open a support case, the sooner a support order can be entered - and that order will be retroactive to the date of filing. So file...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I am unsure should I get a emergency custody or or modify it for supervised visits

dad stated he has bad sezuires doctor stripped his licence but he went to the hospital for ans now he wants me to take my son to him back and forth up to octover hes not on any medication . And he said his he cant control his sezuires and they are bad enough that he cant remember anything and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 5, 2019

You need to consult immediately with an experienced family law attorney. We cannot advise you to violate a court order but, depending on your discussion with an attorney in person, you may be justified in holding the child back if there is a serious risk to him being with his dad right now.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Is Medicaid considered public assistance under a custody decree?

My niece has a custody decree under which she has sole custody of her daughter as long as she is not getting public assistance. Does Medicaid constitute public assistance?

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2019

I wouldn't think so but, not being able to read the document or being privy to the negotiations/deliberations which resulted in the order, I can't be certain.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: If my mom has custody of my kids she’s from Fl and I’m in pa and they r visiting and want to live here with me can they?

My mom and kids r visiting and she has custody but my kids want to stay in pa and live with me can they stay or do they have to go back with her? They are 15, 13 and 9 I was an addict and had to sign custody over to her because of cys but I have been clean for 3 years now and my kids want to live... View More

Cary B. Hall
Cary B. Hall
answered on Jul 4, 2019

If your mother has legal and physical custody of your children, then she has the final say over where the children will be. When you say you "signed custody over," did you give up your parental rights? CYS often seeks for this to happen, and obviously you have NO rights to the children... View More

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on
Q: my daughter had child support many years ago but they close the case cause the dad diisapear

we just find out that the dad is dead, is any support that my child is eligable?

Penelope A. Boyd
Penelope A. Boyd
answered on Jul 2, 2019

If your daughter is still a minor, she may be eligible for Social Security Survivor's benefits. Contact your local Social Security office to find out.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can a mother in Puerto Rico that wants to come to the USA bring her child with her if the father disagrees

The father did not reside with the child and is in jail.

Cary B. Hall
Cary B. Hall
answered on Jun 28, 2019

First, since Puerto Rico is a United States territory, it's already part of the USA. The question, really, is can mother relocate with child from Puerto Rico to somewhere else within the USA?

The answer depends on the territory laws of Puerto Rico, and you should ask your question...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: As a single mom of 2 who has the kids 98% of the time, do I have any legal right to tell their father he cant go too far

Traveling, local states only, etc. I receive child support.

No custody order is in place. We try to verbally agree but he lies and often wont tell me where he is taking them. Is it worth it to get custody? I dont want to make things worse for myself by losing time with the kids. Would I be... View More

Cary B. Hall
Cary B. Hall
answered on Jun 25, 2019

It depends on the content of your custody order which determines the custody boundaries for both of you. If the custody order limits his travel with the children, then you can direct him to that language and request that he abide by the court order -- and if he doesn't, you can file a... View More

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: with physical and legal custody of my son. Can I withhold him from mother on her day for visitation?

Hello, I have physical and legal custody of my son. Mother have certain days a week with no over nights allowed. Am I allowed to withhold my son from mother on her day. Regarding arrangements my son my have for that certain day?

Cary B. Hall
Cary B. Hall
answered on Jun 21, 2019

Whatever the court orders says, that's what you have to do. If it says she gets some time with your son on a Tuesday, then that's what needs to happen. Failing to abide by the court order sets you up for an imminent contempt proceeding, and you don't want that.

If, however,...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: I want to leave my husband and need to file for custody of our 6year old. How long after I file does it take effect.
Cary B. Hall
Cary B. Hall
answered on Jun 20, 2019

A custody filing itself doesn't grant you custody of your child -- rather, an order of court does. Your custody filing asks the court to grant you such an order, but you have to go through the custody hearing process first. That varies from county to county in Pennsylvania (and I'm... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I have been indicated falsely 20 years ago. I am now in a position trying to have kinship of my 3 grand children

They are telling me I may not be allowed the home evaluation because of it. I have had the req evaluation stating I can safely & adequately care for my grand children

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 16, 2019

I suppose it's possible but without all the facts it's impossible to know what to tell you. You should consider consulting with an attorney experienced with CYS matters to obtain assistance in getting through this.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a person voluntarily give up parental rights to a child without the child being adopted by someone else?
Kathryn Hilbush
Kathryn Hilbush
answered on Jun 13, 2019

Not really because it wouldn't become a court order until an adoption petition as well as a petition to terminate parental rights had been filed. If the person wanting to give up rights thinks doing so will relieve him/her of support obligations, no such luck. If this actually has to do with... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I, as a 3rd party, file for custody of my niece while she in in custody of CYS? We are currently fostering. In PA.

Have had her for 10 months now.

Cary B. Hall
Cary B. Hall
answered on Jun 12, 2019

I don't see why not. You would have standing to file for custody under current PA law, and obviously already have the blessing of CYS since the child has been placed with you. Realistically, however, you already have de facto custody, but filing now for a more long-term determination is... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: If parent 1 signs away parental rights and parent 2 dies, does parent 1 still have rights to a minor child if not adopte
Cary B. Hall
Cary B. Hall
answered on Jun 11, 2019

No. Once the parental rights are signed away and terminated by a court, Parent 1 has as much "right" to the child as I do.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: my mothers lawyer is claiming that he will not fight for my mother in a custody battle can he do that?
Matthew Williams
Matthew Williams
answered on May 29, 2019

A lawyer has a duty to zealously represent his or her client. But It really depends on who the lawyer is and what is meant by “fight.” If the lawyer was hired or assigned for a different matter, he has no obligation to take part in the custody dispute. Lawyers also do not have to file motions,... View More

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