A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.
Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.
I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.
What is the deadline on the... Read more »
He does not have a ssn, or a green card.
Check with your local clek of court regarding identification required to marry.
His father won't outright deny me the ability but keeps making up excuses every time I ask or have plans to go there because he wont allow me to take him with me. We were never married. I was however married to my daughters father when my son was born. We had to fill out certain paperwork in... Read more »
The police won't enforce a *court* custody order, much less your say-so over who is supposed to have physical custody of your son. Cops aren't in the business of using kids as a rope in a game of tug-of-war between warring parents, and they'll refer you to the court once they make... Read more »
My 9 year ole daughters refuses to go to her fathers every other monday when it time to go. What will happen to myself, mom if I dont make her. I have already file to modify custody but of course that is 30 days away. Shes ready too talk to judge, but I know I have to wait for trial.
The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... Read more »
Ex and new gf fight constantly in front of daughter in her car and drive around drinking alcohol. She also continuously calls me derogatory names in front of daughter.
You can file a petition to modify the terms of your custody order *anytime,* and the court will assess any change in circumstances as it relates to the best interests of your daughter. A past DUI on Dad's new girlfriend's record may have little relevance to custody proceedings, esp. if... Read more »
He has outstanding support obligations and is in arrears for two children. If he filed for divorce and I have answered the complaint, at what point can it go into default?
Cases usually don't go into default. Upon occasion they may be terminated due to inactivity.
I am married to another woman and she is married to a man. There is no biological father in the picture.
I seriously doubt it. This is one of the strangest questions I've seen. If anyone were to adopt that child it would likely be the mother's husband, not an ex-boyfriend
The child is mainly with me an goes with other parent on weekends there are safety concerns with the other parent such as him drinking an driving an even showing up to pick child up with an open container in vehicle. When I spoke with a lawyer the suggested to let him file first but im confused as... Read more »
The only reason I can think of to let the other parent file first is to save yourself the court filing fee of opening up a custody case (which can run a few hundred dollars, and is $155.00 in Lycoming County).
Pennsylvania criminal law already prohibits a person from driving while... Read more »
Since the virus has been going around its been hard to find a job.
Tell them exactly that - you don't have any. Be able to provide solid evidnece that you've been looking for work. Also, why aren't you receiving unemployment compensation? Don't try to answer me but that may be something they'll be interested in knowing.
Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?
Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... Read more »
will I get full custody
The Court will be more interested in what sentence your children's father actually receives, and less so what he's "looking at." For instance, first-degree misdemeanors in Pennsylvania carry a maximum sentence of 5 years in jail, but many defendants so charged receive only... Read more »
I’m 2 months from turning 18, been had a stable job for 2 years now, and I can’t live here anymore, so am I able to leave without her permission
If she won't allow you to move out, I strongly suggest that you tough out the last two months before you turn 18.
We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... Read more »
If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.
Your... Read more »
PA family law
I am aware of no such laws in Pennsylvania, and I've been practicing family law in the Commonwealth for 20 years.
Sounds like you two could benefit from some family counseling, at least for the kids' sake. Perhaps suggest it to her as a responsible father and co-parent. Best of luck to you.
I was just informed that my daughter's bio dad was high while she was in his care (An entire weekend in another city). She is 4 1/2 and he had no involvement in her life until September 2019. I was informed that he was using heroin for the last month, including when he had her. We have no... Read more »
Yes, you can can (and probably should) file for emergency custody -- or, since there's no order, you could also refuse to allow him physical custody of your daughter any longer and let *him* file for a custody order.
The tricky part, of course, is the reliability of your information... Read more »
My husband is out socializing EVERY-SINGLE-DAY! Partying every/all weekend and refuses to distance/wear mask/etc. He wont allow our 6 yr old son to wear a mask when they are outside together which really bothers my son. Today, for the 2nd time (1st time was even worse), he has risked our son's... Read more »
At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least... Read more »
this may depend upon the age of each.
https://pcar.org/laws-policy/age-consent
My wife and I are both disabled and a disabled 22 year old son whom we need a power of attorney for. Please help poor and have very limited funds where can we get help?
We live in western PA
your local legal aid /legal services should be able to help. Also, your county disabled assistance office may also help.
If I have child custody on a 3 day weekend, and I need to incorporate taking 7 days of vacation with my child, do I have custody for 10 days, or only 7 days total, effectively losing 3 days of "vacation"? In other words, are the vacation days "pure" vacation days that can be... Read more »
Normally, a comprehensive custody agreement would answer all of your questions by defining all of these terms. If it doesn't -- and make sure you review any written agreement to make sure it doesn't -- then you have two options: (1) go back to court to get the clarifications you seek,... Read more »
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