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Pennsylvania Child Custody Questions & Answers
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... View 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... View 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... View 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...
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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... View 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... View 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... View 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
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View 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...
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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...
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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... View 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... View 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... View 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...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: Which form(s) is/are the right form(s) to petition for custody and visitation in Newport, News, Virginia?

Father has had custody for three years.

Cary B. Hall
Cary B. Hall
answered on Mar 9, 2020

You're posing this question in a Pennsylvania law forum so, first, I'd suggest re-posting your inquiry in the Virginia law section. I'm sure you'll have much better luck there.

Second, you can check out the website for the county where Newport News lies. Sometimes...
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1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: New husband filed for adoption. I have legal.

I filed for contempt, next day got a court date from a mutual party that her new husband is trying to adopt.

Cary B. Hall
Cary B. Hall
answered on Mar 6, 2020

And your question is?

If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I re-open a custody case to obtain full custody on a shared custody that's final?

I share 50/50 with my son's father and both of us have him on a week to week basis. Two weeks after the the final hearing, and the order can in the mail, The father's house catches on fire. The house is in unlivable conditions. He did not inform me about the fire I had to find out from... View More

Cary B. Hall
Cary B. Hall
answered on Mar 4, 2020

Yes, you can file a petition to modify custody at any time, and you can ask the court to award you primary physical custody of your son. At worst, an initial hearing will be scheduled and you can hopefully get some answers to your questions.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My husband wants me to sign a paper stating I will never ask for child support. Is this legal?
Cary B. Hall
Cary B. Hall
answered on Mar 4, 2020

Not in Pennsylvania. It's against public policy. The reason is that child support is for the benefit of the child -- not the parent who nonetheless receives it -- and a parent cannot "bargain" that support away.

Best of luck to you.

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