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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is carbon county open to 50/50 custody?

I was staying at my parents house for the duration of a drawn out divorce. I was given every other weekend based on my distance. I am purchasing a home within the same school district and less than 10min from where my children reside with my ex. I want to be an equal parent to my children but my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 6, 2019

I can't speak to Carbon County specificallylly but most counties are.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it illegal to offer someone money in exchange for their child, and what can be done about it?

A friend was offed $50k for her son by the fathers ex-gf. What can my friend legally do about this?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 3, 2019

Doesn't sound like it's on the up and up. What exactly do you think she should do about it? I assume she can go to the District Attorney's Office about it but you can be certain the ex gf will either flat out deny the accusation or say there was a misunderstanding.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: i recieved court date scheduled october 2nd 2019 in hale county and im in pennsylvania
Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

I don't know where Hale County is but you should deal with the issue with an attorney from that jurisdiction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period . That's... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek that from...
Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Is there anyway I can stop my daughter from leaving state without being on the birth certificate.

I waiting to go to the courts and sign acknowledgment of paternity.Just seeing if any option is available.When I was paying child support I consented I was the father and she has lived with me for 4 years and she is 5

Kathryn Hilbush
Kathryn Hilbush answered on Sep 21, 2019

Yes, you can file a custody complaint and then, if appropriate, an emergency petition. There is a statute in PA that requires a parent who wants to relocate a minor child to either obtain the written consent of the other parent or a court order permitting the relocation. Bear in mind that you'll be... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: I need a family lawyer

In white haven Pa

Kathryn Hilbush
Kathryn Hilbush answered on Sep 16, 2019

Then look through the internet or on this site under the Find a Lawyer tab to find one or more to consult.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How can I do that
Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

Are you the person looking for a free attorney? If so, you contact the county bar association where the support case is and ask about their pro bono panel.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I need a free attorney for child custody I tried to do legal services but I only qualify for the free Packet

I can’t afford any attorneys

Kathryn Hilbush
Kathryn Hilbush answered on Sep 13, 2019

You can see if you qualify for the pro bono attorneys through your local county's bar association, but I suspect you will not if you don't qualify financially for Legal Assistance aid.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My 10 yr old son's being mentally abused & name called by his father during visitations.

My ex has partial custody & my 10 year old son goes to his fathers house 3 out of 4 weekends a month, we rotate major holidays & he has him a week during the summer months every year. He's absolutely miserable there & cries ballistic when its almost time for us to go to his house & to the point... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

you need to see a family law attorney if you don't have one about getting the child visitation order amended.

1 Answer | Asked in Family Law for Pennsylvania on
Q: im a 16 year old girl who wants to live with her dad how do i make that work
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Makes the most sense to graduate high school and then deal with it but your best bet is seeing if Dad can get you a consultation with a Pennsylvania Domestic relations attorney.

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: Does “PATERNITY ORDER ISSUED- DF EXCLUDED (stipulation) mean that the tested man is not the father? (Pennsylvania)
Kathryn Hilbush
Kathryn Hilbush answered on Sep 8, 2019

Sure sounds like it, assuming he's the defendant.

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can I deduct life insurance payments on myself from my child support payments if the CP's kids are sole beneficiaries?

I live in Pennsylvania and I pay premiums for life insurance on myself. The sole beneficiaries are the custodial parent's children. Can I request a modification to the support order to deduct the life insurance payments I make from the monthly child support payments I make to the custodial parent?... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 2, 2019

It's highly unlikely that life insurance premiums will be used to reduce your support payment in the event there is a support action.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: What rights does my child's biological father have if he isn't listed on birth certificate?

He has threatened me. Has a criminal record,participates in illegal activities. I do not want him around my daughter at all. Does he have a chance in court

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I have two son in pennsylvania, one graduates in May, Does he get removed from the support when he graduates?

I have two sons 17 and 14, The 17 year old turns 18 in April and Graduates in May. Neither his mother or I reside in Pennsylvania any longer. Does he automatically gets removed or do I have to file?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 21, 2019

A notice should be sent out in advance of his 18th birthday, asking his mother, and I believe you as well, whether he should be removed from the order at 18. Obviously, the answer is no because he's not been graduated from high school. If the mother says to remove him at at graduation, then he'll... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, We are a family of 4 with 2 girls under 5 years. I want to know if we can live in 1 bedroom apartment legally?
Kathryn Hilbush
Kathryn Hilbush answered on Aug 20, 2019

I, m unaware of a law that would prohibit this but the landlord may have qualifying conditions, such as how many people may reside in a one bedroom apartment.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on
Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I raise a deceased sibling child? She made a recording saying she wants her child with me.
Kathryn Hilbush
Kathryn Hilbush answered on Aug 18, 2019

It would probably depend on what the father has to say about this. You'd probably do yourself a service by consulting with an experienced family law ttorney in you area to discuss the facts and your options.

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