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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law for Pennsylvania on
Q: I would like to place my father's ashes with his deceased parents who are interred in a mausoleum. How would I do this?

The cemetery where my grandparents are interred have informed me that I cannot do this.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

The cemetary has their own rules. You don't necessarily have a right to inter remains wherever you wish. If it's a church run cemetary talk to the priest or religious official of that church.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: My brother was on the run for year and he had a warrant they sent him to youth center he have court on 24 he is 20
Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2021

He needs to ask for a public defender.

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Pennsylvania on
Q: How can I be granted emancipation as a pregnant minor under 18?

If I am pregnant and just under the age 16 can a marriage license be granted by a judge if me and my partner are financially stable, have transportation, and a house?

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

Depends on the age of the partner. A judge may grant a marriage license but it has to be shown to be in your best interests and the parents need to consent.

https://www.inquirer.com/philly/news/child-marriage-laws-age-requirements-pennsylvania-metoo-20181005.html

1 Answer | Asked in Family Law for Pennsylvania on
Q: can an online ordained minister legally perform a marriage in Pennsylvania
Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

I believe they may, but I would check with your register of wills to see who may complete the marriage license.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: PA: Can I sue my x for 25,000 in back support. He has a sizable inheritance. court has only ordered him to pay $50/mo.

He is on disability, which is why his child support is only $50/month. at that rate we will all be dead before he makes even a dent in the $25,000. He has just inherited a sizable amount of money, so can I sue him for the back support? He and his wife/girlfriend have done everything that they can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

Look to modify the previous agreement to reflect his new asset. As to a lien, I would imagine the state Child Support Enforcement Division would be able to tell you that.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How do I find a lawyer to file abandonment charges.

My cousin was left with me 3 years ago how do I file abandonment charges on her dad

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

your local bar association can give you names. Or you can ask the family court who seems to handle adoptions and similar proceedings.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: sons father is not listed on his birth certificate.married and my husband wants to adopt him. don't know who the dad is

My son's father is not listed on his birth certificate and my husband wants to adopt my son. I don't know who the father of my son actually is. What do i do to get him to adopt my son?

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

You will need to hire an attorney, but it seems that what you would do is file a petition to extinguish the father's rights. The court will order that there be a publication in the legal notices, etc.

While it might be possible to get a court to treat your husband as a step parent,...
Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, how to fix a misspelling of a last name by one letter on a P.R. birth certificate? We live in Philadelphia, PA
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You would need to get the birth records and file with the Commonwealth of Puerto Rico.

1 Answer | Asked in Consumer Law, Family Law and Foreclosure for Pennsylvania on
Q: I have a trailer with 2 names on loan. X-wife wants it and If i let other take it, can i protect myself legally?

My X-Wife and I have a Travel Trailer together. We failed to make payments and the bank foreclosed on it and charged off the debt. They never Repossessed it. If my X-wife Takes it or I just let her take it off the property, is there a way I could get something signed saying I want nothing to do... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Make sure it's titled in her name. She should give you a document that she accepts all responsibility. You say "x"--did you have a divorce (if she got posession that may cover it) or just separated?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex husband is asking me for my covid 19 results, is that against my HIPPA rights?

I was exposed to covid at work and had to take a test. My test came back negative and now my husband is asking me for the results. Do I have to show my ex husband my results, since we co patent our 6 yr old son? Or is that against my HIPPA right ? We live in PA.

Kathryn Hilbush
Kathryn Hilbush answered on Jan 19, 2021

You can waive your HIPPA rights and I see no reason why you wouldn't want to share your negative test results with your child's father with whom you co-parent.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I took less child support then what was estimated can I go back for the difference if I'm still struggling

I was told $276 a week but agreed on $200 but I'm still struggling to support my son how soon can I go back to request the full amount

Kathryn Hilbush
Kathryn Hilbush answered on Jan 16, 2021

You can go back to ask for more based on the support guidelines. There's no time frame before which you can't file but I would expect that you would have waited at least a month or more

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Do I have to pay for my ex-girlfriends attorney in a child support case I'm being ordered to pay the attorney directly

The judge has ordered me to pay my ex girlfriends attorney directly . Not through the clerk of courts but to the attorney directly. I don't understand how I am responsible for his fees

Kathryn Hilbush
Kathryn Hilbush answered on Jan 16, 2021

If the judge ordered you to pay, then you pay. Always do what a judge orders you to do. I can't guess why the judge ordered you to pay her attorney, but I would imagine the judge said why when the order was entered.,

1 Answer | Asked in Family Law for Pennsylvania on
Q: I slept through my PFA hearing and I am the plaintiff. What do I do now?
Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

So more information would be needed to answer this question effectively. Was your PFA dismissed? If so, was it dismissed with prejudice? If it was dismissed WITHOUT prejudice you can re-file it. It would be beneficial to do so through counsel however - either with a private attorney or through... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I was in a coma for three days the doctor found meth in my system somehow Child Protective Services found out

I didn't give my permission for them to look at my medical records and they didn't get a court order either but somehow they found out. Is there anything I can do about them violated my HIPAA rights

Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

It's likely that the information made it to CYS via reporting by one of the medical providers that treated you. Medical professionals are required by statute to report whenever there is a reasonable concern that a person responsible for the care of a child is under the influence of a... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Pennsylvania on
Q: Can a defendant be held in contempt if the plaintiff and defendant exchange their child during arranged custody times?

The PFA allows contact when it pertains to the child.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Nov 15, 2020

It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My children's dad owe over seven thousand in child support and the court isnt doing nothing what can i do to get it
Kent Petry
Kent Petry answered on Oct 22, 2020

Speak to an attorney and have them enforce the relevant court order(s).

1 Answer | Asked in Family Law for Pennsylvania on
Q: What if a power of attorney is needed to make decisions but he can not be reached?

My brother is the power if attorney for my grandfather. There are certain things that need to be taken care of such as making sure the bills are getting paid and also the sale of the house and car, however, he refuses to answer his phone. What can we do to get him to be involved.

John Rafferty
John Rafferty answered on Oct 14, 2020

You can file a petition in the Orphans' Court Division in the Court of Common Pleas of the County in which your grandfather resides, Petitioning the Court to Remove your brother as POA; for failing to perform the job he was appointed to perform. If your grandfather lacks cognitive capacity to... Read more »

1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Q: My friend's mom is near death and her sister, brothers and father are not allowing her necessary care and visitation.

Her mom lives in an apartment above her garage and is in the end stages of life. Her sister from NYC and brother from Florida are denying her necessary medical care. Can she obtain a restraining order?

John Rafferty
John Rafferty answered on Oct 14, 2020

She might consider filing a petition for guardianship of her mother, alleging that she needs assistance caring for herself and determining who can see her, and her current care-situation is insufficient. An estates attorney should be able to help you prepare and file such a petition.

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