Pennsylvania Family Law Questions & Answers

Q: Daughter in Pennsylvania. Can Grandmother and step father take granddaughter?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
Sounds like a mess! Under Pennsylvania law, grandparents do have standing to seek custody of grandchildren. A stepfather who actively cared for the child could also have standing to seek custody under recently amended Pennsylvania law as well.

At this point, a judge is involved and will make determinations based on the best interests of the child -- and may even appoint a guardian ad litem and/or separate counsel for the child to make sure the child's needs are being communicated and...

Q: married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
You'll likely receive some of your husband's pension, yes. How much? It depends on how else the court may distribute the marital assets. But half of his pension is probably a good starting point.

Best of luck to you. If you'd like to discuss your case in further detail, feel free to contact me offsite.

Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Answered on Jan 15, 2019
Kathryn Hilbush's answer
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

Q: I am married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or separation?

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jan 14, 2019
Kathryn Hilbush's answer
There's no way to answer your question without knowing quite bit more about your situation. PA is no a community property state. It is an equitable distribution state, so., whereas in a community property state you can pretty much count on 50%, in an equitable distribution state there are many factors that go into the decision as to what the property division should be. Your best bet is to sit down for a consultation with an experienced family law attorney on your area to discuss the details...

Q: How do I get my boyfriend guardianship of my daughter incase something were to happen to me?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 10, 2019
Kathryn Hilbush's answer
The child's father has legal rights to your daughter that are greater than your boyfriend's, even if the father isn't much of one. I suggest that you sit down with an experienced family law attorney in your re to discuss your case in detail and to learn what options you have based on your circumstances.

Q: As self representing party, do i have the right to work directly with ex's Counsel? It is unreimbursed med. expense issu

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 8, 2019
Kathryn Hilbush's answer
I'm responding from the standpoint of an attorney licensed to practice in PA, not NC. You have the right to contact her attorney. She may direct the attorney not to speak with you. If you make a nuisance of yourself the attorney may cut you off or restrict your communications to written ones. Your ex is trying to avoid having you run up her legal fees.

Q: Is it legal for a 16 yr old be intimate with an 18 yr old? Can parents press charges?

2 Answers | Asked in Family Law and Juvenile Law for Pennsylvania on
Answered on Jan 5, 2019
Kathryn Hilbush's answer
It probably not legal and it's certainly not smart. Read the information contained in the link below.

https://www.ageofconsent.net/states/pennsylvania

Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2019
Kathryn Hilbush's answer
You probably could have just searched for this yourself. Read this article. It will give you all the answers you need. Short version answer - he probably doesn't have anything that he can play in court.

http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

Q: Recently got a “ Request” for production of documents (my expenses) from Defendants lawyer! Mandatory?

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Jan 1, 2019
Kathryn Hilbush's answer
You really need to find a way to at least consult in person with an attorney. The Requests may not be valid at this point under the support discovery rules but, if there's a divorce pending, they probably are. There's no way I can provide you with reliable, specific information under the circumstances except to tell you that Requests for Production are typically long and very inclusive.

Q: If you got married in Mexico, does Pennsylvania recognize it as a legal marriage?

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
Typically yes, so long as Mexico recognizes the marriage as valid. You should obtain the required documents from Mexico as proof of the marriage, of course.

Q: Doi have to send my child to his fathers if sex offender lives there now

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Dec 24, 2018
Cary B. Hall's answer
If you have a court order that grants your son's father a specified custody time, then *not* sending your son according to the custody schedule would be a violation of that court order. But, unless your son's father files a petition for contempt against you, no one would be the wiser. I suggest that if there's a way you can talk to your son's father about the situation, try that first.

If, however, your son's father still insists on having both your son and the sex-offender relative...

Q: Can the father of my daughters children take them if there is no court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 23, 2018
Kathryn Hilbush's answer
Yes, he can because he has as much right to the custody of their children as she does. She'd better get to the court house on Wednesday and start the custody proceedings. However, if she hasn't been living in PA for at least the last six months, PA may not have jurisdiction. Here's a thought - instead of waiting to get in to see Legal Assistance, and then possibly learning that she has to file in DE or wherever the children used to reside before she moved to PA, she could consult with a...

Q: i have a domestic charge against me on my fiance can she hold my daughter against me?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Answered on Dec 20, 2018
Cary B. Hall's answer
Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although that usually takes a long time if there are no emergency motions filed.

In addition, there often is a bail condition in domestic assault cases that the abuser may not have any contact with the...

Q: Can I file a petition for emergency relief-custody to get my child back.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Dec 19, 2018
Cary B. Hall's answer
First of all, if you believe there is an immediate threat to your daughter, contact the police. Second, contact DHS and inform them about what you know. Third, contact a legal aid organization in Philadelphia about modifying custody -- you can often get counsel in family law cases for little or no money if you qualify financially. They can help you with the appropriate paperwork and other procedural aspects of a custody modification case.

Best of luck to you.

Q: Can my kids father claim our kids (continued)

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Dec 16, 2018
Thomas Petrelli Jr's answer
These are questions you should be asking your lawyer. With limited information it is impossible to tell you definitively how to organize and present arguments in court. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In the meeting the lawyer can review your specific situation and give you well-informed advice.

Q: Help with children and youth difficult ex husband

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Pennsylvania on
Answered on Dec 13, 2018
Kathryn Hilbush's answer
Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital letters, I still think you need to meet with an attorney instead of seeking information online about what is clearly a complicated and messy matter.

Q: Can my kids father claim our kids

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when...

Q: Will the increase the payments if I lost my job and can’t afford to for daycare for my son or medical bills

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Dec 12, 2018
Matthew Fox's answer
These really are questions you should be asking your lawyer. With limited information it is impossible to tell you definitively how your payments might change. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In the meeting the lawyer can review your specific situation and give you well-informed advice.

Q: Is it possible that the payments get decreased due to my son father paying mortgage

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Dec 10, 2018
Kathryn Hilbush's answer
Unless the mortgage he's paying is on a home jointly owned with you, no. mortgage payment and your lease payment aren't relevant in support court.

Q: My son is 16 years old in the state of Pennsylvania and left his father because he did not want to stay there anymore ..

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Dec 10, 2018
Kathryn Hilbush's answer
Apparently the NJ judge made his decision and now, I'm assuming, you're back in PA court. I suggest that you consult with an experienced family law attorney in PA. At 16, your son does not get to control his future but the court will at least listen to the well-reasoned thoughts of a 16year old.

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