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Pennsylvania Family Law Questions & Answers

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 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 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 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 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 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.

1 Answer | Asked in Family Law for Pennsylvania on

Q: Is there a chance I can move my daughter and I to Texas? Close to family, a job, and a better living situation for us.

I wanted to work out a custody arrangement with ex but he stated that he would rather our daughter go to the system than with me and plans to fight me to the bitter end. Is there even a slight chance I would be allowed by the courts to take her to Texas with me if I'm willing to work out custody... Read more »

Kathryn Hilbush answered on Aug 18, 2019

Sure, it's possible, just not easy. I strongly urge you to contact an experienced family law attorney in your area to fully discuss the child relocation laws in PA.

1 Answer | Asked in Family Law for Pennsylvania on

Q: Have a custody case and make more than my ex. Will I have to pay him or will he Have to pay me child support if I file?

Hi I have an open custody case we have not yet met with the mediator and have a set court date. I was wondering if I filed for child support for my daughter (just one child together) and I make way more than my ex. Would I have to pay him? Considering all of my monthly expenses.

Kathryn Hilbush answered on Aug 18, 2019

The support guidelines do not take into account either parent's expenses other than the mortgage payment on the marital home, and that's at the court's discretion. If you obtain custody, then you wouldn't pay him. If he obtains custody, then you would pay him. If you have shared (50/50) custody,... Read more »

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

Q: What steps do I need to take to adopt my nephew? Do we have to go to court if the parents are willing?

My sister realized the she isn’t financially fit to take care of a child also she doesn’t have the best living situation so she reached out to me and my wife to see if we were willing to take her unborn child when she gives birth. After a long talk with her and her boyfriend we all decided this... Read more »

Kathryn Hilbush answered on Aug 18, 2019

The parents' parental rights will have to be terminated and an adoption petition filed. Your county may have guidance available online for completing this process which is somewhat complicated. I'd suggest that you retain an attorney to shepherd this through the system for you but, if you don't... Read more »

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

Q: Ex's first name is different from marriage license and divorce decree. Am i legally divorced?

Marriage license was issues under Nataliya Ryzhova and divorce decree was filed and issued under Svetlana Ryzhova. I am getting remarried in two months, if this going to keep it from happening?

Roy L. Galloway III answered on Aug 17, 2019

If your ex-wife legally changed her name after getting married, you are still divorced because she is the same person you originally married. Additionally, the courts ask for social security numbers for parties to a divorce, so that should cover you.

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

Q: Pro bono lawyer

The number you provided don't assist defendants is there any other informating or help you can produce to help my case involving a pfa

Cary B. Hall answered on Aug 16, 2019

Search online for "legal aid" for your jurisdiction, and start making calls. Or simply hire an attorney, and get the money to do so somehow.

Best of luck to you.

2 Answers | Asked in Family Law for Pennsylvania on

Q: My ex girlfriend and I do not have court ordered visitation and I haven't spoken or seen my son in over 2 months

For the past 4 years I have seen both my sons every other weekend now I haven't seen my 17 yr old in almost 2 months and mother says he's either sleeping or out with friends. What can I do?

Penelope A. Boyd answered on Aug 16, 2019

This sounds like a situation where there is a legal answer and a practical answer. By the time you filed any kind of petition and got before a court, it is likely that your 17 year old will become an 18 year old and not subject to custody. And even if you went to court, a court will listen to the... Read more »

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

Q: 15 year old wants to choose

My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... Read more »

Kathryn Hilbush answered on Aug 14, 2019

You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help... Read more »

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

Q: My boyfriend and I split up and he physically has my son there is no custody order in place. What can I do to get my son

He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no clue what I... Read more »

Kathryn Hilbush answered on Aug 10, 2019

Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by... Read more »

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

Q: Will my baby's father be able to get custody or just visitation?

We broke up over a month ago, and since then I've allowed him to see the baby whenever he wanted. He's only seen him twice since then. He is threatening me that he will "make the next 18 years" hell for me and that he is taking me for custody and getting a paternity test. We lived together for 6... Read more »

Cary B. Hall answered on Aug 7, 2019

Well, first of all, a child custody vocabulary lesson. "Legal custody" is the parental right to take part in the major decisions in a child's life, like medical, educational, religious, etc. "Physical custody" refers to where the child actually resides from day to day.

Regardless of...
Read more »

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

Q: I have primary custody my children. My ex husband is holding one of my kids against his will & against court orders..

The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »

Cary B. Hall answered on Aug 6, 2019

I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even... Read more »

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

Q: My wife filed for divorce in Pennsylvania 5 years ago . I pay spousal support . In march of 2017 we made an agreement th

that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... Read more »

Roy L. Galloway III answered on Aug 5, 2019

Sir, I am sorry you had this negative experience. In Pennsylvania, an agreement regarding child support is against public policy and will not prohibit a parent from seeking support for a minor child. Thus, if the agreement is for child support, it is null and void.

With respect to spousal...
Read more »

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

Q: I have shared physical&legal custody and 50/50 can we put in the new court order that me nor him can file support

Cary B. Hall answered on Aug 4, 2019

Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can I modify an agreed upon custody court order through the court without going through an attorney?

The father of my child and I did agree on custody visitations a few years ago and we did go through attorneys to get a court order. We are looking to modify the agreement but would like to keep the attorneys out of it; and still have our agreement filed in the court. Can we do this and are there... Read more »

Kathryn Hilbush answered on Aug 1, 2019

You can modify a court order by entering into an agreement in a form acceptable to the court, signing it, and then submitting it to the court for approval. I do not recommend these DIY projects because it seems something is always done incorrectly but, if you're set on trying to do it without an... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: My name is on a will and my aunt pawned my stuff and mother's for drug money do I have any ground to stand on?

Peter N. Munsing answered on Jul 29, 2019

Yes, it's conversion. You can report it to the police, and maybe they can recover it from the hock shop.

1 Answer | Asked in Family Law for Pennsylvania on

Q: Im 17 and I want to move in with my mom without my fathers consent. Can I do this without him making me return home?

I am treated badly at my fathers house, especially by his wife. They don't trust me to do anything. I can't even get a drivers license or a job. At my mothers house, she and her husband treat me with utmost respect and trust me. They both treat me like a young adult, not a child. They are more... Read more »

Penelope A. Boyd answered on Jul 25, 2019

You will learn in life that "running away" from your problems is almost never the best solution. If there is a court order regarding custody, you are asking your mother to violate that order if you make and act on this decision on your own. That does not mean that you might not be able to live... Read more »

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