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Pennsylvania Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: I have been indicated falsely 20 years ago. I am now in a position trying to have kinship of my 3 grand children

They are telling me I may not be allowed the home evaluation because of it. I have had the req evaluation stating I can safely & adequately care for my grand children

Kathryn Hilbush answered on Jun 16, 2019

I suppose it's possible but without all the facts it's impossible to know what to tell you. You should consider consulting with an attorney experienced with CYS matters to obtain assistance in getting through this.

2 Answers | Asked in Family Law for Pennsylvania on

Q: Recieved papers in mail. Not sure what its saying. Had conference in may but refused agreement. Please help

Kathryn Hilbush answered on Jun 15, 2019

You really need to discuss tyour situation with an experienced family law attorney. There is absolutely no way anyone here can help you. You need to show your paperwork to an attorney in person and should you should do so very soon.

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Can a person voluntarily give up parental rights to a child without the child being adopted by someone else?

Kathryn Hilbush answered on Jun 13, 2019

Not really because it wouldn't become a court order until an adoption petition as well as a petition to terminate parental rights had been filed. If the person wanting to give up rights thinks doing so will relieve him/her of support obligations, no such luck. If this actually has to do with not... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can parents forbid their child to date someone?

My daughter has been dating her boyfriend for over 2 years. They are 17 and 16 yo. Recently, after an argument with his parents, they told him he's no longer allowed to date my daughter. They've also told me he's no longer allowed to associate with her, or our family. Before this, our family has... Read more »

Kathryn Hilbush answered on Jun 13, 2019

Sure they can, just as you could forbid your daughter from dating someone. They're both under 18 years of age and children in the eyes of the law.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Can I, as a 3rd party, file for custody of my niece while she in in custody of CYS? We are currently fostering. In PA.

Have had her for 10 months now.

Cary B. Hall answered on Jun 12, 2019

I don't see why not. You would have standing to file for custody under current PA law, and obviously already have the blessing of CYS since the child has been placed with you. Realistically, however, you already have de facto custody, but filing now for a more long-term determination is probably... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: In PA, can a 16 year old go on vacation out of state with a 21 year old without parent consent?

My son is 16 years old and wants to go away with his 21 year old boyfriend. I told him he would not be allowed under the law. Is that correct?

Peter N. Munsing answered on Jun 12, 2019

He is of age of consent. However, if he wants to drive etc you can suggest that you may not agree. I think this is less a legal question and more one for a mediator or family counselor to advise you on.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: Im told by my attorney I can't go into domestic conference, just the attorneys. I want to be a part of it. what do I do

This for a modification in child support in Pennsylvania

Penelope A. Boyd answered on Jun 10, 2019

Trust your attorney. Conferences sometimes do not include the parties. Usually this is to establish the issues, schedule witnesses, or identify additional information that might be needed. You will be in the conference through your attorney so make sure s/he has all the information they need... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on

Q: In PA, does spousal support end when divorce is final and there were no claims for alimony

The divorce was 3301 c. She has been awarded spousal support. I wasn’t sure if that ended when the divorce is final and there were no additional claims and we both waive the intent to bring any claims.

Penelope A. Boyd answered on Jun 6, 2019

Unless there has been an agreement to alimony in the property settlement agreement, spousal support generally will stop when the divorce is granted. Alimony, equitable distribution and awards of counsel fees are generally considered ancillary relief that must be part of the divorce. If there is... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can a mother take children to another state to live without father knowing or without his consent. From Pa to NC

Cary B. Hall answered on Jun 2, 2019

If there's a custody order in place, absolutely not. There's a specific procedure for "relocation" cases that must be followed. Contact (and hire) a good family law attorney in PA for assistance on that.

Realistically, however, if a tree falls in the forest and there's no one around, does...
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1 Answer | Asked in Contracts and Family Law for Pennsylvania on

Q: Why does opposing counsel have different people from the firm contact me instead of the lead counsel?

I am the plaintiff in a civil suit (domestic violence) and was counter-sued. I eventually had to go pro se because I ran out of money. The firm representing the other side has since taken to having multiple junior lawyers contact me and when asked about the issue, was told that rules of evidence... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Here are answers to your three questions:

"My questions: a. am I entitled to a single point of contact?" Answer: No.

b. can I insist on written communication to keep things straight? Answer: Yes, but they may not agree to it.

c. how do I deal with a conference call of...
Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: I have filed a custody complaint and the opposing counsel is a fraternity brother and personal aquantenance of defense

I'm the petetioner and father. The mother's boyfriend is accused of raising a knife at my 5year old son. The lawyer is a fraternity brother and friend of this boyfriend. Is there an avenue I can pursue to have this person removed from the case

Cary B. Hall answered on May 27, 2019

Not unless there is some sort of conflict-of-interest or other ethical prohibition concerning the fraternity brother's representation in the case. In fact, personal referrals are often the best sources of business for attorneys -- and this prior relationship between boyfriend and attorney as... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: I have a question. My soon to be ex filed for support for our 1 son and spousal support for her. She doesn’t work..

Will she be told to find a job. I have been giving money to her without a court order since we split in 2017. I am finally moving on and have my own expenses and finally found a new place to live after spending time with my parents. I also pay support for a child who is the states custody... Read more »

Kathryn Hilbush answered on May 26, 2019

It's really not possible to provide you with detailed answers because every case is different. I expect that she will likely receive both spousal and child support based solely on what you've said here. You really should sit down for a consultation with an experienced family law attorney to discuss... Read more »

1 Answer | Asked in Family Law and Adoption for Pennsylvania on

Q: My sons biological mom has not been in his life since he was 3 months old.

Can I petition the court to terminate her rights so my current wife can adopt him.

Kathryn Hilbush answered on May 26, 2019

In PA you can. Consult with an expereinced family law attorney in the county where you reside.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Can I keep my daughter from going with her father for visitation if I'm concerned about her well being?

He has PTSD, talks about getting back together (I don't want to), seems depressed, admitted he wants to kill himself and he has guns in the house.

Cary B. Hall answered on May 22, 2019

Not without violating a court's custody/visitation order, no.

If you have an immediate fear for your daughter's safety, then you can file an Emergency Petition to Modify Custody -- and outline your concerns within it. That's the process for getting before a judge immediately, and without...
Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: My son (18) was kicked out the house with a few wks left to graduate. I live in NJ, can she legally do that before grad

He’s moving in with me once he graduates and she was informed of that. I really don’t want him missing any days of school and the trip from NJ to Easton is 1hr 20min away.

Kathryn Hilbush answered on May 14, 2019

His mother shouldn't have done that but if you want him to graduate you should do whatever is necessary to get him to school for the next few weeks.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: How do I get custody of my granddaughters?

My two granddaughters have lived with me since they were born. Neither one of their fathers are present in their life. Their mother was living with me but she moved out in January 2019; leaving the two girls with me. They have not seen their mother since then and have had minimal contact by phone... Read more »

Cary B. Hall answered on May 10, 2019

You might try to contact one of the organizations listed here for pro bono representation:

https://www.justia.com/lawyers/family-law/pennsylvania/adams-county/legal-aid-and-pro-bono-services

Best of luck to you!

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1 Answer | Asked in Family Law for Pennsylvania on

Q: A girl i was seeing is 5 months pregnant with my baby. Her parents,myself and the girl want me to relinquish rights.

All parties involved agree, and would like me to relinquish rights before the baby is born. How do i go about this?

Kathryn Hilbush answered on May 3, 2019

You cannot relinquish your rights to an unborn child. Further, after the child is born, it's unlikely that a court with approve you voluntarily terminating your parental rights unless the child is being adopted

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: Over a month ago, my granddaughter was thrown out of her mother's house, and her mother changed the locks on the doors.

She is now living with her father. Her mother never reported that the minor child is no longer living with her, and she is still collecting child support. Is this legal in the state of Pa. ? The father has filed full custody of his daughter.

Kathryn Hilbush answered on May 3, 2019

The father is probably following the better approach. He is going to first confirm that he has custody and then he can file to stop the support order. Sometimes parents take both actions simultaneously. I assume he is represented by experienced legal counsel and he should be following whatever... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can a mother keep father from seeing daughter if daughter was daignosed with ptsd due to a fight at the fathers home?

In September of 2018 a fight occurred between my fiance and I. The kids were upstairs and heard the commotion. The daughter of my fiance had stayed with mom a few weeks after because it upset her. From November to February visitation went as normal. We called to pick her up in February and the... Read more »

Kathryn Hilbush answered on May 3, 2019

Your fiance needs to consult an experienced family law attorney in person bout this situation. It is not one that can be resolved with a few bits of knowledge received from an internet question and answer site.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Does my fiance have sole and physical custody in Pa too?

My fiance lives in Pa, with his daughter. My fiance and the childs grandmother had court in Maryland. Where she resides. To try and have custody of his daughter. The mother isn’t in the picture.

He was granted Sole and Physical custody in Maryland by the judge. This has been years since.... Read more »

Kathryn Hilbush answered on May 3, 2019

Your fiance should register his MD custody order in the PA county where he resides with the child. He may want to consult a local attorney experienced in family law for assistance if the local court house is not helpful.

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