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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law for Pennsylvania on
Q: Can I sue my grandmother for taking the car I pay matienence on?

She used the stimulus check money to buy me the car. She also gave me $1000 towards a car for my 16th birthday. I have been using the car to transport me from home to work, and my other work too. I work two jobs. She took the car from me and refuses to tell me where it is. I have been putting gas... View More

T. Augustus Claus
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answered on Sep 19, 2023

If the car's title is in your grandmother's name, she is legally recognized as the owner. Paying for maintenance, gas, or other expenses does not necessarily confer ownership rights. That being said, if you can prove with documentation or other evidence that there was an understanding or... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can an illegitimate child compel an alleged father to submit to paternity test in PA? Thanks

As above

T. Augustus Claus
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answered on Aug 30, 2023

in Pennsylvania, if there is a dispute regarding paternity, either the mother, the alleged father, or the child can file a petition with the court to establish paternity. This petition can include a request for genetic testing to determine the biological relationship between the alleged father and... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the...
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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

(Continued) If your mother took full title at your father's death (joint tenancy or tenancy by entireties at his death), then at the later death of mother, you as only child took the entire real estate.

Speak to an experienced PA lawyer about your issues, and share the prior Deeds and...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In the state of Pennsylvania, If my mother and I own a house together can we lose the house in my divorce?

It would be Philadelphia, PA - to be exact.

Karen  Ulmer
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answered on Jul 28, 2023

Hello. Property that is owned jointly with a third party is still marital, however, if you own it equally with your mom, only half of the property is marital for purposes of divorce. You need to look at your deed. The increase in value of the property during the marriage is what the court can... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Am I able to get visitation rights being my mother refuses to let me see my children?

My mother has full custody of my 2 younger children and she stopped letting me see my to children and blocked me on social media and changed her number without warning

Karen  Ulmer
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answered on Jul 27, 2023

I am sorry to hear of your situation, it must be extremely painful. If your parental rights have not been terminated, you will need to file a Modification of your current custody order if your current custody order does not provide any scheduled visitation for you. Whatever issues you were having... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: My divorce was filed in Potter county by an attorney, I reside in chester My husband won’t sign or acknowledge, what do

I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings

Karen  Ulmer
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answered on Jul 26, 2023

If Potter County requires that he acknowledge and submit to jurisdiction (most likely) then you will need to transfer the action (there is a filing fee) to Chester County and then proceed in the County where you both reside as he is already subject to jurisdiction in Chester County. You can then... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?

I contacted a lawyer’s office about divorcing my husband (he agrees and does not want to contest anything, we have no kids, and we have no property to split) and they agreed they could help me, I paid them, and the last I spoke to them they are filing the final pipework with the court for the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 3, 2023

The divorce action does not have to be filed in the county where you were married but should be filed in the county where one of you resides. There are attorneys who will file for the divorce in other counties, such as Potter County, because the filing fees are less but I would not recommend doing... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What are the steps to take for a mother and father to remove a grandparent from a custody order?
Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

Assuming the grandparent doesn't wish to agree to be removed, the parents would have to file a petition to modify the custody order. Before doing so, I strongly suggest that the parents speak with a local attorney experienced in familyu law for a private consultation during which they can... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

These questions suggest to me that you're trying to handle this divorce without the assistance of an attorney. Briefly, if the other party doesn't wish to sign the Affidavit of Consent, then you have to wait until you've been separated for one year. You'll want to read the court... View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 2, 2023

If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent...
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2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

David Kennedy Bifulco
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answered on May 2, 2023

I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the... View More

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1 Answer | Asked in Family Law and Civil Rights for Pennsylvania on
Q: Is what my mother doing legal

I’m 20 years old and I am on a phone plan with my mom and a guy who’s a friend of the family, the friend is the phone account holder. My mom tells me she logs into the AT&T app and reads mine and my boyfriend’s messages without my permission, she’s not the account holder and is that an... View More

James L. Arrasmith
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answered on May 2, 2023

Reading someone else's messages without their permission is a violation of their privacy, regardless of whether or not the person doing the reading is the account holder. As a legal adult, you have the right to privacy and your mother does not have the right to access your private... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: In Pennsylvania how do I communicate with judge regarding custody.

The custody order states son should be in therapy within 7 days but I can't get appointment until June 12, 2023. The hearing is scheduled for May 30 and trial is June 12, 2023. I want to inform him of this but can't contact him by phone. Can I write him a letter or do I have to file... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

You should hire an attorney to assist you in preparing a motion to extend the time to begin therapy with affidavits from yourself and every relevant therapist explaining in detail why you are unable to get a therapy appointment scheduled earlier.

If the court ordered therapy to begin in...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?

Peter Christopher Lomtevas
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answered on Apr 3, 2023

This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Peter Christopher Lomtevas
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answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 3, 2023

Please consult with an experienced family law attorney in your area. In PA, parents are entitled to know the criminal history of anyone who resides in the household of the other custodial parent. If your concerns involve other issues, such as whether there might be safety issues which involve the... View More

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1 Answer | Asked in Family Law for Pennsylvania on
Q: My son was told he is a father. The woman will not communicate or introduce the child to him. The baby was born 9/30/22

What is the next steps for him or me as a grandparent

Peter Christopher Lomtevas
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answered on Mar 31, 2023

The son can file for paternity (best to retain an attorney), and then be prepared to pay child support for eighteen years unless he litigates throughout. The asker will have difficulty in petitioning for grandparent visitation because the family statutes place the biological parents up front as... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am 17 and I have a daughter, I was looking to be emancipated in Pennsylvania

I provide all expenses for me and my daughter except for a house. My mother is making it extremely difficult for me to parent my daughter. I live in franklin county, pa, which said they do not recognize emancipation. Is there any way for me to bypass that?

Peter Christopher Lomtevas
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answered on Mar 21, 2023

Pennsylvania is a very weird bird when it comes to minors (people under 18 years of age). Pennsylvania allows minors to file 'private petitions' and recognizes minors as having standing when they lost access to both parents. However, all courts treat minors as minors even though this... View More

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