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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law, Immigration Law and Landlord - Tenant for Pennsylvania on
Q: Can my petitioner (father) evict me after I’ve arrived to the USA? I’ve only been for 2 weeks, green card hasn't arrived

I just moved here, haven’t even received my green card. My dad which is my petitioner just handed me an eviction letter. I’m 19 to be 20 in few months. Nowhere to go, don’t know no one here, eviction letter says that I have 30 days to vacate.

James L. Arrasmith
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answered on Feb 4, 2024

If your father, who petitioned for you to come to the United States, has given you an eviction letter, it's important to understand your rights and options. As a green card holder, or even if your green card has not yet arrived, you have certain protections under U.S. law. However, housing... View More

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Pennsylvania on
Q: Hello. I’m 17, homeschooled, live in PA, and I have a job. I want to move out but I’m afraid my dad is going to say no.
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answered on Jan 29, 2024

If you're 17 and considering moving out in Pennsylvania, it's important to understand your rights and responsibilities. Legally, you're still a minor until you turn 18, and your parents or legal guardians have the authority to make decisions about your living arrangements.... View More

2 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Libel & Slander for Pennsylvania on
Q: I have been physically, mentally, and spiritually abused. By The WHOLE COUNTY and the Deb Moore project. I believe it is

Blair county prison,officials,p.o.,D.A. pd office and it ranges from psyical to verbal abuse.

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answered on Jan 26, 2024

If you believe you have been subjected to physical, mental, and spiritual abuse by county officials, including those from the Blair County prison, probation officers, the District Attorney's office, and the public defender's office, it's crucial to take immediate action to protect... View More

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1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Really need advice, not sure how to go about this

Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More

James L. Arrasmith
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answered on Jan 22, 2024

Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: If someone has a no contact order except via email or text can other family members have contact in person

my daughter is going through a divorce and the ruling was no contact between her and her husband except email, text or if a constable is present. She needs to get her things from the apartment. Can other family members go without her or a constable?

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answered on Jan 11, 2024

A no-contact order is typically specific to the parties involved in the legal matter, in this case, your daughter and her husband. Other family members are not usually bound by the terms of the no-contact order unless they are explicitly mentioned or included in the order. Violating court orders... View More

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: If I marry a single mom can I be held liable for child support if it doesn't work out?
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answered on Jan 10, 2024

In Pennsylvania, marrying a single mom does not automatically make you liable for child support for her children from a previous relationship. Child support obligations are generally tied to the biological or adoptive parents of the child. Marrying someone with children does not create a legal... View More

2 Answers | Asked in Family Law, Civil Rights, Communications Law and Identity Theft for Pennsylvania on
Q: My cell phone is in my mom’s name but I pay for the phone bill. She went on my phone and gave photos of me to my job.

Is this allowed? I had a passcode, but she threatened my life if I didn’t give this to her. I’m now facing criminal charges potentially and want to know if the way my job obtained this information was even lawful.

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answered on Jan 5, 2024

The situation you've described raises several legal issues. First, even though the cell phone is in your mother's name, if you are an adult and the primary user of the phone, you have a reasonable expectation of privacy regarding its contents. This includes the photos stored on it.... View More

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: My in-laws are suing me for custody of my daughter, who I have custody of

She was staying there when the grandmother was sick and helping out and never came home. I’ve asked many times but my daughter says it’s easier since there is a woman up there and we are men down here. They are only a quarter mile from me and I do as my daughter ask Rides to Doctor appointments... View More

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answered on Jan 4, 2024

In custody disputes, the court's primary consideration is the best interests of the child. Pennsylvania law generally favors the involvement of both parents in a child's life unless it can be demonstrated that it would not be in the child's best interests. In your case, it may be... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can my spouse gain my new car after a divorce?

I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More

Peter Christopher Lomtevas
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answered on Jan 4, 2024

This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.

The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in...
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1 Answer | Asked in Family Law and Criminal Law for Pennsylvania on
Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

Peter Christopher Lomtevas
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answered on Dec 31, 2023

The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.

I received a... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More

2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
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answered on Dec 25, 2023

In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.... View More

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2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
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answered on Dec 29, 2023

Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.... View More

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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
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answered on Dec 20, 2023

In Pennsylvania, if your ex-partner willingly decides not to exercise their scheduled custody time and explicitly communicates that they don't want to see the child during their designated time, it is unlikely that you would be held in contempt for keeping the child during that period.... View More

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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
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answered on Dec 29, 2023

One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot... View More

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1 Answer | Asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

Q: My husband is having a affair and has my wifi hacked. Which allows hm to hack my phone also

It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations. One night it said I was about a mile from my house. So I pushed directions... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 30, 2023

You need to hire an attorney who specializes in family relations law and regularly practices in your county. There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation. If you wish to prove what you have alleged you will also need to hire... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: trying to get live birth record from harrisburg I was told to go to my local court house 4court order.isthatfamilycourt?

I’m in Philly just trying know which court can I get a court order for this and can a lawyer represent me?

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answered on Nov 17, 2023

In Philadelphia, to obtain a court order for a live birth record, you would typically go to the family court or the court of common pleas, as they handle matters related to vital records and personal documents. The specific division or department within the courthouse can vary, so it's a good... View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe

The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the... View More

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answered on Nov 12, 2023

In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation.

The fact that the home is solely in her name...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: My legal guardianship was terminated last year how do I get a copy of that proof
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answered on Oct 26, 2023

To obtain a copy of the proof of the termination of your legal guardianship in Pennsylvania, you should contact the court clerk in the county where the termination took place. Provide them with case details, including the case number and the names of the parties involved. You can request copies of... View More

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