I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.

What is the deadline on the... View More

Yes, a judge's signature (whether actual or electronic) is necessary. You should be able to get it directly from the Court or the other party's attorney. And you should demand to see it.

Best of luck to you.

The police won't enforce a *court* custody order, much less your say-so over who is supposed to have physical custody of your son. Cops aren't in the business of using kids as a rope in a game of tug-of-war between warring parents, and they'll refer you to the court once they make... View More

The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... View More

You can file a petition to modify the terms of your custody order *anytime,* and the court will assess any change in circumstances as it relates to the best interests of your daughter. A past DUI on Dad's new girlfriend's record may have little relevance to custody proceedings, esp. if... View More

The only reason I can think of to let the other parent file first is to save yourself the court filing fee of opening up a custody case (which can run a few hundred dollars, and is $155.00 in Lycoming County).

Pennsylvania criminal law already prohibits a person from driving while... View More

The Court will be more interested in what sentence your children's father actually receives, and less so what he's "looking at." For instance, first-degree misdemeanors in Pennsylvania carry a maximum sentence of 5 years in jail, but many defendants so charged receive only... View More

Potentially, yes - so save them and transfer them some way to your computer *and* print them out in such a way that the participants/dates/times can be recognized. You may find this easier said than done, however, which is why I always advise my family law clients to communicate by email only!... View More

Since you're paying for your daughter's health insurance, you've got 50/50 time and the parent's incomes are the same, you probably shouldn't be paying ANY child support to your daughter' mother. In addition, you could probably negotiate alternating who gets to claim... View More

If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.

Your... View More

Philadelphia Legal Assistance created this guide back in late March 2020 concerning custody during the pandemic: https://philalegal.org/custodyCOVID19. It may be of some use to you.

A court order is still a court order, even in a pandemic - and if you choose not to follow it, for... View More

I am aware of no such laws in Pennsylvania, and I've been practicing family law in the Commonwealth for 20 years.

Sounds like you two could benefit from some family counseling, at least for the kids' sake. Perhaps suggest it to her as a responsible father and co-parent. Best of luck to you.

Yes, you can can (and probably should) file for emergency custody -- or, since there's no order, you could also refuse to allow him physical custody of your daughter any longer and let *him* file for a custody order.

The tricky part, of course, is the reliability of your information... View More

At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least... View More

There's nothing in Pennsylvania law that provides an answer to this; rather, the courts have the authority to make decisions in specific cases like yours. A court could order her to provide transportation, or not - and someone would have to file something to bring the issue to the... View More

Normally, a comprehensive custody agreement would answer all of your questions by defining all of these terms. If it doesn't -- and make sure you review any written agreement to make sure it doesn't -- then you have two options: (1) go back to court to get the clarifications you seek,... View More

Sounds like you have very valid grounds in which to file an emergency petition to modify custody -- if there's even a custody order in place at all (which is unclear from your question). If not, you should certainly seek one. If so, you could file an emergency petition to seek your... View More

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... View More

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... View More

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... View More