Pennsylvania Family Law Questions & Answers

Q: I wanna see my kid more than 2 a month

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Mar 23, 2019
Kathryn Hilbush's answer
Then, if the other parent won't voluntarily allow you to do so, you're going to have to file for more time with the court.

Q: need a death certificate from niger family of husband death to us consolate

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 23, 2019
Kathryn Hilbush's answer
I assume you'd have to obtain proof of death from the government in the region of Niger where he died.

Q: I pay child support and mortgage support in PA. How much can I itemize on taxes of the marital home?

2 Answers | Asked in Family Law and Tax Law for Pennsylvania on
Answered on Mar 19, 2019
D. Mathew Blackburn's answer
Child support is not deductible regardless of what its spent on.

I've never heard of mortgage support before, but there's no deduction for it.

If you mean that you pay the mortgage directly to the bank then you can deduct the interest for the amount you pay on Sch A. It's a good idea to discuss this with the other individuals on the mortgage who make payments so you don't over or under deduct the applicable amount.

Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
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.

Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?

3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Jonathon Luff's answer
While it is not a violation it does weaken your case to have one in the first place and if the defendant does violate it gives them a defense.

Q: My daughter was picking up this weekend from her fathers dad. He was passed out intoxicated- can I withhold her from him

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Mar 10, 2019
Penelope A. Boyd's answer
This is a concerning situation. If I understand the question, your daughter was not with her father but with her grandfather. If you and the father cannot agree to something that keeps your child in a safe environment, then you could consider seeking modification of the existing order. Withholding a child is a violation of the order, and you will need to show the court it is the only way you could keep your child safe.

Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Answered on Mar 8, 2019
Kathryn Hilbush's answer
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.

Q: Can grandparents who raised a now 7 yr old child for the first five years of its life be refused visitation rites?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
The grandparents need to consult in person with an experienced family law attorney in the area where the custody order was entered. It sounds like there are quite a few facts in this matter which have not been set forth in your post and, frankly, shoudn't be posted online. However, it does seem odd that the grandparents would only have one hour of supervised visitation monthly. Talk to an attorney in person to discuss the situation in detail.

Q: Im getting married and changing my surname. Will the name of my child in my custody change as well?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
Your child's surname will remain as it it is. If you want to change the child's name, you'll either have to file a formal petition to change name or your new husband can file to adopt the child as a stepparent.

Q: I have a 17 year old brother who is abusive and completely refuses to listen to my parents rules. Can they kick him out?

2 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on
Answered on Mar 2, 2019
Penelope A. Boyd's answer
This is a decision your parents need to make. But if your brother has a mental illness and is dangerous to himself or to others, he might be involuntarily committed for treatment. I don’t know what county you’re in, but you can get information about mental health treatment options from the county mental health office. If your brother is acting dangerously, you should encourage your parents to call the police. In the meantime you and they can learn more about how to help your brother. A...

Q: Our children are 8,7,&6 years old. Children and youth said they had to "temporarily place" them with their grandparents.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Kathryn Hilbush's answer
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 this matter to progress much further.

Q: Will calling CPS on my ex for physical abuse affect my custody case?

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
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 predicting what will happen. The safest thing to do is to discuss your options with a local family law attorney.

Q: My 3 yr old daughter's biological son is now deceased and I have remarried. My new husband wants to adopt her.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 25, 2019
Penelope A. Boyd's answer
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 child’s best interest.

Q: I am looking for a case which happened between the years of 2014 and 2016 in Puerto Rico. How do I obtain the records?

1 Answer | Asked in Civil Litigation and Family Law for Pennsylvania on
Answered on Feb 24, 2019
Kathryn Hilbush's answer
You would contact the court house in the jurisdiction where the case took place in PR. Not having any more information, I can't suggest what are of the court you would want t start with.

Q: Can a parent move out of the school district without the other parent's permission for school age children?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
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.

Q: Can a legal guardian forbid child to see or speak to their biological mother?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
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.

Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
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.

Q: Does cps have any grounds for a court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
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 so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate....

Q: What if you aren’t moving out of the state which the agreement applies just the city???

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.

Best of luck to you.

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