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...
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.
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...
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.
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.
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.
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.
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...
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...
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...
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.
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.
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.
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...
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.