Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Family Law Questions & Answers
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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Elder Law for Pennsylvania on
Q: Do I need a lawyer if a poor loved one dies, with a simple estate?

My father has just died. He has a simple estate: no real property, no valuable possessions, and all his money is in a checking account, less than $10k. Do I need a lawyer to handle the details of his passing?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your father. Although some questions go unanswered here on the forum, you could try reposting and adding the headings, "Probate" and "Estate Planning."... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: my lawyer agreement for representation states that if the retainer amount is earned they will ask for another retainer

I was in contact with my lawyer multiple times he did not tell me that my retainer was exceeded or that I was being charged past the $2500 of my retainer did not get any invoices no billing until months after the conciliation was completed and all it was was a letter that said I owed over $2000... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2024

What is your question? Are you asking if you owe your attorney the additional fees? Have you tried having a reasonable discussion with the attorney? I suggest that you do this before deciding what to do about the additional fees. You should receive a detailed invoice outlining the services... View More

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Social Security for Pennsylvania on
Q: My parents are withholding my birth certificate and Social security card, can I get the police to return these to me?

I reached out to my parents to ask for my birth certificate and social security card, the original copies, I am 21, and they are refusing to give them to me. So I am considering having the police remove the documents from their house and return them to me, is this legal? I live in Lancaster PA, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2024

If your parents are withholding your birth certificate and Social Security card, you have the right to request these documents, especially since you are an adult at 21. These are personal documents that belong to you, and you should have access to them. In this situation, it’s important to try to... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and White Collar Crime for Pennsylvania on
Q: Can a court enforce a protection order and issue penalties against a parent after involuntary TPR, despite a pending

Can a Dependency Court in Allegheny County, PA, still enforce a protection order and issue a Rule to Show Cause against a parent after the involuntary termination of parental rights, especially if the parent has filed an appeal?

If a parent's rights were involuntarily terminated and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

In Allegheny County, PA, after an involuntary termination of parental rights (TPR), a parent is generally no longer considered a "party" to the dependency case. The court's order stating that the parent is not to be notified of future proceedings indicates that their legal standing... View More

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: Hello, my husband has a will with me asbeneficiary of tangible assets and our minor child as one on who gets his inherit

guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 7, 2024

Child support, in money, generally ceases upon death of the payor.

You can elect to take against the Will, however, your question offers no values to support a recommendation.

Confer with an experienced PA lawyer, armed with your full facts. to get your best recommendation.

View More Answers

1 Answer | Asked in Family Law, Immigration Law and Social Security for Pennsylvania on
Q: Can I change my name in the US while residing abroad?

I am a US citizen (born in PA and have lived in OH, NY, MD, and MI) but have been living in Germany for the past 3 years. At the beginning of this year, I got married and I wanted to change my last name to take my husband’s last name, but I also want to change my middle name to my maiden name. In... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

Changing your name in the US while residing abroad can be a bit complex, but it is possible. To change your name, you generally need to file a petition with the court in the state where you last resided or where you have some form of residency connection. Since you have a birth certificate from... View More

1 Answer | Asked in Family Law and Tax Law for Pennsylvania on
Q: My mom was gifted a car in PA by her father on 11/9/22 and he passed away 11/9/23. Is she subject to any kind of tax?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

When your mom received the car as a gift from her father in Pennsylvania, there were no immediate tax consequences because gifts are not subject to income tax. However, Pennsylvania does impose an inheritance tax on the transfer of property from a deceased person to their heirs.

Since your...
View More

1 Answer | Asked in Family Law and Civil Rights for Pennsylvania on
Q: I live in government housing in Pennsylvania, can my son visit me if he is on Megan's law? Just visit, not live with me.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

Living in government housing in Pennsylvania and having a son on Megan's Law list raises important concerns. Each housing authority might have its own rules and regulations regarding visitors, especially those with criminal records.

Typically, housing authorities prioritize safety and...
View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Is it illegal to run away from home at 16 without my parents permission in PA?

My parents are verbally abusive, and want to send me to a psych ward against my will. I don't believe that going into inpatient care is going to be the best option for me, but they don't care about my opinion. I believe the best option for me is to leave, as my parents won't let me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Pennsylvania justice is similar to that of a farmer leading his cattle to slaughter. The reach of justice is beyond belief, and only good voting will fix the problem.

Pennsylvania has a legal fishing net known as a dependency proceeding. This is an aberration of a process that lassos...
View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, I am looking for a child custody attorney for my case. For child custody. montour county pa area thank you

Just want to hire an attorney for my child custody case and file contempt for the other parent doesn’t follow many of the court order. Thank you.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

Google dot com is a good place to start looking for a family law attorney. We here cannot refer ourselves out to individual askers. That would violate the user agreement here on this website.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex lives in TX & filed for child support. I'm in PA. I received mail from Domestics.

I know she filed some time ago but I wasn't working at the time. I just started working recently. Post office left a pink slip for me to pick up and sign for mail from Domestic Relations. If I don't sign and it's returned undeliverable, what happens? The mailing address is one that... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

There are numerous and serious misunderstandings about what child support is and isn't. This response will be too brief to fully explain this conjecture. We will try as much as we can.

The first major misconception is that joblessness is no defense against child support. A prisoner...
View More

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.