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Pennsylvania Child Custody Questions & Answers
2 Answers | Asked in Child Custody for Pennsylvania on
Q: Can someone parent who through a tantrum at court hearing signs away their parental get any custody after that episode
Cary B. Hall
Cary B. Hall
answered on Mar 21, 2019

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... View More

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2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Pennsylvania on
Q: In PA, can a non-custodial parent seek partial custody post divorce?

Dad did not seek custody in the divorce and now would like to have at minimum a parenting plan in place. Mom frequently withholds visits, facetime appts under the guise of the child isn't interested.

Cary B. Hall
Cary B. Hall
answered on Mar 20, 2019

Absolutely yes.

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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

Only goes with mother and boyfriend on weekends when I dont have her she is 9

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

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.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

We are not married, and there are no issues with custody arrangements at this time. There will need to be a support agreement in place, however. Will not having a court authorized custody agreement cause a problem with child support?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

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.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

it resulted in a domestic dispute and ultimately my arrest for 13 misc pending charges.

§ 5324. Standing for any form of physical custody or legal custody.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 8, 2019

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.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Pennsylvania on
Q: Am I required to be in a room with my ex wife when theres a PFA in place?

My ex wife has a pfa against me, we live in the state of PA and share week on week custody of our children. Our daughter is seeing a therapist once a week. The mother had been absent from their lives for the previous 8 months & suddenly came back into their lives. Our therapist is now stating... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Why would judge order a minor child(4yrs old) to be present at judicial conciliation?

Judge canceled generations and ordered judicial conciliation with child present.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

That's a tough one. Without knowing what the issues in dispute are. it's really impossible to guess.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Hi, my husband has been paying child support with no court order

His son is 18 and he is still paying until he graduates in June. His ex is mad and said she is taking him for back support. How is that possible when he has paid every month for 17 years... by check- on what she asked for??

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

She's blowing smoke, and cannot seek "back support."

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2 Answers | Asked in Child Custody for Pennsylvania on
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?

My fiancé’s ex wife constantly denies him visitation with his daughter. She claims that he neglected her when she was 3 months old, but she never pursued a child neglect or abuse case. Can she threaten him to sign over his rights?

Penelope A. Boyd
Penelope A. Boyd
answered on Mar 3, 2019

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.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Our children are 8,7,&6 years old. Children and youth said they had to "temporarily place" them with their grandparents.

This was only supposed to be for 6 months, which is over in march. All our parental rights were never terminated, and they say we stiil have legal custody of our children. Now they say they want to give custody to their grandparents. If we agree to give custody to grandparents, will our parental... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

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... View More

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Will calling CPS on my ex for physical abuse affect my custody case?
Penelope A. Boyd
Penelope A. Boyd
answered on Feb 25, 2019

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... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 3 yr old daughter's biological son is now deceased and I have remarried. My new husband wants to adopt her.

If he legally adopts her, does the grandparents on the deceased father's side still have visitation rights. My daughter has only met them a few times and doesn't know them. I really don't want my x's family in our lives at all. They live in NC.

Penelope A. Boyd
Penelope A. Boyd
answered on Feb 25, 2019

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... View More

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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: What decides whether you are the custodial or non custodial parent? My child spends over 50% of the time with me.

I am being taken to court for child support however my child resides with me and goes to school in the county I reside in.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 20, 2019

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... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Does it matter where the child goes to school in a custody case? Child goes to school in my county not moms

I believe support case is in wrong jurisdiction. It should be in the jurisdiction where the child attends school

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 19, 2019

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...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can a parent move out of the school district without the other parent's permission for school age children?

I am divorced and my children go to the school district I live in. My ex-wife moved outside of the school district after our divorce. I am looking to move and wondered if I am required to look in my children's current school district or if I have the right to move and put them in a new... View More

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

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.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a legal guardian forbid child to see or speak to their biological mother?

Ever since my daughter was born, my son has been hurting her out of jealousy and “stealing his attention“. I couldn’t turn my back on them without him hurting her in some way. This went on for close to two years until the psychiatrist he was seeing for those specific issues suggested him... View More

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

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.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

I live in my kid’s school district, but my ex-wife does not. She chose to buy a home a half an hour away in another school district. I am looking to move and I’m wondering if I need to confine my search to our current school district. Does my ex have to agree to where I live since I am the one... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

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.

1 Answer | Asked in Child Custody for Pennsylvania on
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?

My sons father thinks he can do custody paper work down there even though me or his son has never lived there with him and he is 7 months of age now. I thought it has to be done in pa bc this is where the child resides.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

You'll take care of custody in PA, where the child has lived for six months.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does cps have any grounds for a court order?

I have been dealing with cps since the birth of my daughter in June 2018. Her mother tested positive for marijuana upon birth, while the baby did not have any in hers. Seven months later, we have passed every drug screen given to us, about 20-25 in total. Two more recent tests have been flagged as... View More

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

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... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does my husband's ex-wife have any legal right to enter our home uninvited when the children are there?

My husband has an informal custody agreement with is ex-wife, whereby the children live with us 50% of the time using a PA approved 50/50 custody schedule we found online. My husband believes his ex-wife has the legal right to enter our home when the children are there, but I can't find... View More

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

If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still... View More

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