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Pennsylvania Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What’s going to happen in this situation?

My daughters mom is claiming to have evidence that I hit/ hurt my daughter. I have evidence that shows I don’t and have not. If our evidence conflicts with each other what would happen to our daughter?

My fear is she’ll be put in a foster home until a professional gets to talk to her... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 2, 2020

It depends with whom the abuse complaint is made. Presumably, your daughters mother would notify either the local police or the county child protective agency, and then an investigation would be opened. As long as the investigators believe that the child is in no imminent danger, the child... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: What are the steps I need to take to file a petition for modification?

Do I need to send the Plaintiff a copy of the filled out modification form, Criminal History form, Blank Criminal History forms, and a copy of the order? Do I need to have her signature upon delivery of the documents? When I send in my copy to the Prothonotary I send all of the above plus the $100... Read more »

Cary B. Hall
Cary B. Hall answered on May 29, 2020

Each Pennsylvania county has their own local requirements (esp. for the filing fee). I suggest you directly contact the Prothonotary's Office for the county in which you wish to file. Sometimes there's a court website that more-or-less walks you through the filing steps as well, if... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: So if there is no custody order in place can I go pick my 13 yr old up from her dads without his permission
Cary B. Hall
Cary B. Hall answered on May 29, 2020

If you are the biological mother and there is no custody order concerning your daughter, then you presently have the same legal rights to your daughter as her biological father. Legally, you don't need his permission to have physical custody of your daughter.

But it sounds like...
Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am filing for custody of my son. My grandmother has physical custody of him but my ex and I have legal. Is she a party

I have been a victim of parental alienation for almost 2 years which is why she has physical custody. My ex-husband claims to want to keep it out of court like I do but hes not trustworthy. The situation is complicated and definitely unique

Cary B. Hall
Cary B. Hall answered on May 28, 2020

If there's a court order which gives her any kind of physical custody, then yes - she's definitely an "interested party" and must be notified of any custody filings.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How can I modify a custody order when the courts are closed. We had a temporary order but doesn't let me see my child.

What can I do to get my visits back with my daughter? In addition to that she is collecting aftercare money from me and my daughter no longer is in aftercare at all.

Cary B. Hall
Cary B. Hall answered on May 14, 2020

You can file an *emergency* motion to modify custody, and request the court to grant you time with your daughter.

You can do the same with Domestic Relations concerning a modification to eliminate the portion of the child support order for aftercare expenses.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex-husband is trying to take me for child support

He's trying to take me for support when I barely make any money or none at all ( Caregiver). He makes more than I do, He's trying to go after my husband ( not the father to the 2 children I have with him) because he's the one that makes the money. Will he win the support case? I have... Read more »

Cary B. Hall
Cary B. Hall answered on May 12, 2020

Child support goes by a parent's "earning capacity," not necessarily his/her "income." If a parent isn't working -- and doesn't have a good reason for not working -- an earning capacity could be imputed/assigned to the non-working parent for purposes of a child... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: My grandson is being kept in a state that is not in this jurisdiction and they are out of their jurisdiction can you hel

My question is is there any Pennsylvania attorney that knows what to do when it comes to asking for a writ against the subordinate that is trying to exercise jurisdiction and a sister state such as New York versus Pennsylvania when we should be all on the same page I’m not receiving any phone... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

Sounds like you need to talk to an attorney ASAP - you can't possibly explain everything here online.

Find an attorney, and schedule a phone or video appointment. If you don't know one, try here: http://www.fcls.net/home.aspx.

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Hi. I want to file for custody of my child but my childs father will not give me his address.

I live in pa. We've been here for almost 2 years now. He does not pay child support. He does still talk to her everyday but he just won't give me his address since he just moved to Oregon state.

Cary B. Hall
Cary B. Hall answered on May 7, 2020

There's a trick I often use to get someone's new mailing address -- but it presumes that the person has officially changed his/her address with the U.S. Postal Service.

Send him a letter. Just under your return address in the upper left corner, write these words in capital...
Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Is violating the PA Governor's stay at home order sufficient grounds to file for full custody of children?

My wife and I have been separated for 7 months. She has been in a relationship with another man for over 9 months. We have two children and do not have a signed agreement for anything yet. It is all being put into the divorce agreement. My wife had not brought this other man around our children at... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 25, 2020

It's hard to know. Many judges are not looking happily upon people who they think are trying to use the stay-at-home order to their advantage in custody cases. On the other hand, you can argue that she's endangering your children. Your best bet is to speak about your options with an... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: on both a relocation hearing and now one to request changes on custody transportation, I keep get the same result

me doing 100% of the driving. My lawyer said that's how it is because I'm the one that moved. Is that right or she just not doing her job?

Cary B. Hall
Cary B. Hall answered on Apr 23, 2020

There is no hard-and-fast rule in custody cases about *anything*. It all depends on the best-interests-of-the-child standard, and that necessarily varies from case to case. Having said that, certain counties -- and even certain judges within a particular county -- may often do things in a... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: is it true that of 1 parent moves ab 50 min apart with 50/50 custody that parent has to do 100% of the driving?

this is PA moved from one county to the next

Cary B. Hall
Cary B. Hall answered on Apr 23, 2020

No - there's no hard-and-fast rule. If the parents can't voluntarily agree on transportation arrangements, then the court will decide. But it will cost you time and money to fight about it in the courts, so parents' best bet is to try to work it out.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: can i move out of state with my children if there is no custody agreement
Karen Ulmer Pendergast
Karen Ulmer Pendergast answered on Apr 22, 2020

Even if there is no custody agreement, you still must follow the rules of relocation or you may be faced with a petition to return the children to the state and possibly and interim order giving the other parent custody until a hearing can be held. Unless the other side agrees to the move, you... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: What actions should i take to get my 15 year old son home with me
Cary B. Hall
Cary B. Hall answered on Apr 17, 2020

With such a general question without any facts, I can't even begin to answer your question. And frankly, adding more facts here online won't help you much either. You'll need to directly consult with an experienced family law attorney who can best advise you based on the specific... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My sons father and I have 50/50 custody but he has only seen him for 4 days since 2020 has began. Did he break the orde

My sons father and I have a court ordered agreement that states we have 50/50 custody but my sons father has only seen him for 4 days since 2020 has begun. Does that mean he broke the court order and does that give me enough reason to petition for a custody change. His father lives in another state... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 14, 2020

He certainly didn't have him for 50% of the time so far this year according to your post, but without being able to actually read the order it would be difficult to know whether he"broke" the order. I suggest that you discuss the situation with an experienced family law attorney in... Read more »

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Does the closure of PA schools mean the school year has ended and we should start end of School year custody?

Optional school activities are being offered and mother has right to care for children on school holidays and snow days

Cary B. Hall
Cary B. Hall answered on Apr 14, 2020

Initially, I suggest going by whatever your children's particular school district is doing. If that school district is still offering distance-learning, then it certainly doesn't seem as if the school year has ended.

Custody orders are supposed to give parents concrete benchmarks...
Read more »

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2 Answers | Asked in Child Custody and Juvenile Law for Pennsylvania on
Q: I am 15. I want to be emancipated. I am capable of getting a job and of basic life skills. What is the process of this?
Cary B. Hall
Cary B. Hall answered on Apr 14, 2020

The internet is full of information -- try this: https://www.palawhelp.org/resource/emancipation-of-minors.

Moreover, I have a general rule about a minor seeking emancipation: if a minor can't figure out the emancipation process on his/her own, that minor probably isn't ready to...
Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: How do i sign away my parental rights without having to pay any child support.

5 year old son.

I've only seen him for about 9 months of his life.

The mother makes my life a living hell and it will be easier for me emotionally just to have no part of his life seeing as the mother and her husband have been raising him since he was born.

Scott L. Levine
Scott L. Levine answered on Apr 12, 2020

If everyone agreed, mom’s new husband could do a step-parent adoption, which would end your parental rights and support obligation.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: The custodial parent hasn't lived with the child in months. Can I get custody?

Just found out. I have proof.

Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2020

Perhaps. An awful lot of additional information is needed to respond more fully and, even then, you're going to find that none of us online are going to give you a definitive response. I urge you to contact an experienced family law attorney to discuss the issue. Many of us are doing phone... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My custody order allows an expanded or altered schedule. Could the PA stay at home order fall under this provision?

This custody order is outdated; the original schedule fit within the circumstances that I was in at the time the order was put in place, but no longer does. One thing that has not changed is that I have primary physical custody, the father has partial custody and we share legal custody. As stated... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 2, 2020

I'd say no, because the key here is "mutual agreement." If you two can agree to something other than what's written in the original Order -- and you say that you've already done this -- then no harm/no foul if no one's complaining. But it doesn't sound like it... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Is a verbal agreement for custody an essential reason to leave my home under a stay at home order?
Cary B. Hall
Cary B. Hall answered on Mar 25, 2020

In Pennsylvania, I would say yes.

At present, Gov. Wolf's stay-at-home order creates an exception for “travel required by…. [a] court order”. Child custody orders would fall under this exception.

There's also another exception for travel to care for minors, and...
Read more »

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