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

Arizona -- and your answer is located in Arizona's version of the Uniform Child Custody & Jurisdiction Act. Look also to Arizona law and their rules of civil procedure about how to proceed in relocation cases.

Best of luck to you and everyone involved.

I would say yes -- and you should presume it remains in full effect until the court says otherwise. He should file for custody immediately, however, with the court that issued the original no-contact order.

Best of luck to him.

It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows... View More

It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

The PA law requires you to either obtain the written consent of the other parent to your proposed relocation or to go to court for approval. You should consider consulting with an experienced family law attorney in your area to learn the procedural details because the process is very specific and... View More

You probably could have just searched for this yourself. Read this article. It will give you all the answers you need. Short version answer - he probably doesn't have anything that he can play in court.

http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

File a petition for child custody of him. Under some recent law changes, you now have standing "in loco parentis" to make such a filing with the court.

Best of luck to you.

There's no way to answer your question without knowing everything about the case -- including what the current custody order says (if there even is one). You're also not going to be able to add information and get your answer here. Your brother needs to schedule a consultation with an... View More

That would probably depend on the exact wording of the newest order. We often say something like "all other terms and conditions of prior order remain in effect" or something along those lines. if in doubt, you should probably follow the terms of the prior order but if you want to work... View More

Legally, you could file a petition to modify custody just to bring the issue to a head. State your concerns in the petition, and, ultimately, I'm sure you'll have the court asking her the same questions that you're asking yourself -- although your ex won't be telling the court... View More

If you have a court order that grants your son's father a specified custody time, then *not* sending your son according to the custody schedule would be a violation of that court order. But, unless your son's father files a petition for contempt against you, no one would be the wiser. I... View More

First, I suggest you talk to her father about it. And urge your daughter to talk to him about it too -- but rationally, and not like a three-year-old. She's about to be a legal adult, and she can start working on being one by addressing her situation calmly but directly.

If that goes... View More

Yes, he can because he has as much right to the custody of their children as she does. She'd better get to the court house on Wednesday and start the custody proceedings. However, if she hasn't been living in PA for at least the last six months, PA may not have jurisdiction. Here's... View More

Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although... View More

First of all, if you believe there is an immediate threat to your daughter, contact the police. Second, contact DHS and inform them about what you know. Third, contact a legal aid organization in Philadelphia about modifying custody -- you can often get counsel in family law cases for little or... View More

Yes.

If it says so in your custody agreement and/or court order, then yes. If it doesn't, then no . . . but, as a general show of goodwill and co-parenting, it is probably a good idea to provide the details to the other parent. You'd want the same consideration, and what's good for the... View More

Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods... View More

The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed... View More