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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2023

I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... Read more »

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: Husband wants to adopt my son 13y. Father is in Mexico, he never met him/doesn't appear in birth cert what should I do?

I have never seen the father after my son was born (he didn't try to contact us, although I tried a couple of times to connect them, when my son was a baby and when my son was 2-3 years). He really doesn't care about my son and I don't think he will ever do it. I have never ask him... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 2, 2023

By law, the biological father must be notified that his rights will be terminated in order for your husband to adopt your son. However, if you truly don't know where he is, there are steps that can be taken to demonstrate this to the court without the need to hire an investigator. You should... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 30, 2023

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can cys threaten to make all urine test positive? If you test or not.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

Phrased another way, is the question can CPS default or impute a positive refused drug test? Yes they can and so can the judge in the case.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Reason being he didnt find out he had a daughter out there until OCY contacted him and she was already in the system.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The key to adjusting and modifying any child dependency matter is to convince the child protective apparatus to go along with an idea to keep the child under the government's supervision while the biological father raises the child the best he can. Without further information, we cannot opine:... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: If my son files for custody can he get his daughter out of foster care due to the mother's negligence?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 20, 2022

To do so can be rather complex and he really needs to consult privately with an attorney familiar with dependency cases. The rhetorical question that occurs to me is why he didn't take action when the dependency case was first filed.

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... Read more »

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: I’m appearing in a court hearing on a temporary PFA. If it’s quashed, can one spouse flee with the kid instead ?

My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.

After that, can one spouse refuse to live there and while leaving take the kid along with?... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 28, 2022

There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... Read more »

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: What is I took a no contest plea and got charged with Endangering the Welfare of a Child (F2) in PA?

Short of a very long story I was wrongfully accused by a pediatrician. This pediatrician accused me of abusing my son, but later on it turned out to be from a medical condition. But unfortunately the prosecutor decided to charge me anyway and now it's to be fought out in court with the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

This is another one of those questions that requires candor that is unpleasant to government and government's supporters to answer fully and accurately. Federal money goes to the states for child protection and certain criminal prosecutions meaning the tail wags the dog, and the outcome can be... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Does my husband's income count as mine on child support as a stay at home mom?

I live in the state of Pa. I've been married to my husband for 6 years. My son's (7yo), bio father has recently stopped paying child support that we cordially agreed on after only paying for a year. I want to go through court and get it court ordered. But does my husband's income... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

Pennsylvania law has long provided that a child support award is determined based upon the income of individuals who owe a duty of support to the child (the parents of the child). However, the Pennsylvania Superior Court deviated from that analysis, and considered the income of a parent’s new... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Child services vaccinated my children states in their files no vaccinations still have all parental right what do I do

Child services has temporary custody but in their records it states no vaccinations and they went without my knowledge and vaccinated my children. Caseworker was supposed to call me and tell me what happened she never called or will return my calls I found out from my son

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

Pennsylvania has a unique approach to its citizens characterized by imposed government edicts per family. Pennsylvania says the law is fair for all and that every citizen is treated equally when in reality, that is very far from the truth.

First and foremost, Pennsylvania subscribed to the...
Read more »

2 Answers | Asked in Family Law for Pennsylvania on
Q: My father received a letter from an attorney asking him to return items that are his to his ex.

The attorney sent a letter that states:

Dear Mr.___

I had an opportunity to meet with Ms. ____ regarding the outstanding property in your possession.

It is my understanding that you have the following items:

1. Kitchen table and four (4) chairs;

2.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

There is not enough information here to properly answer this question, so an assumption of facts is necessary. The impression here is that the couple were never married, and one partner went to a lawyer to maneuver a return of various personal items from the asker's parent, the other party to... Read more »

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1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Custody agreement question in Pennsylvania.

If there is an agreement, and both parents decide to make changes to it, and follow this for a year, can one parent deide suddenly to go back to the original order because a petition was filed for a modification?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

Yes because a court order also overrides an agreement. However, you can always attempt to present the agreement to the court as evidence of what the two of you had been doing.

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

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