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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
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answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... View More

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... View More

Peter Christopher Lomtevas
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answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
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answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
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1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: I’m appearing in a court hearing on a temporary PFA. If it’s quashed, can one spouse flee with the kid instead ?

My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.

After that, can one spouse refuse to live there and while leaving take the kid along with?... View More

Peter Christopher Lomtevas
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answered on Nov 28, 2022

There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... View More

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
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answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Does my husband's income count as mine on child support as a stay at home mom?

I live in the state of Pa. I've been married to my husband for 6 years. My son's (7yo), bio father has recently stopped paying child support that we cordially agreed on after only paying for a year. I want to go through court and get it court ordered. But does my husband's income... View More

Peter Christopher Lomtevas
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answered on Nov 6, 2022

Pennsylvania law has long provided that a child support award is determined based upon the income of individuals who owe a duty of support to the child (the parents of the child). However, the Pennsylvania Superior Court deviated from that analysis, and considered the income of a parent’s new... View More

2 Answers | Asked in Family Law for Pennsylvania on
Q: My father received a letter from an attorney asking him to return items that are his to his ex.

The attorney sent a letter that states:

Dear Mr.___

I had an opportunity to meet with Ms. ____ regarding the outstanding property in your possession.

It is my understanding that you have the following items:

1. Kitchen table and four (4) chairs;

2.... View More

Peter Christopher Lomtevas
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answered on Nov 6, 2022

There is not enough information here to properly answer this question, so an assumption of facts is necessary. The impression here is that the couple were never married, and one partner went to a lawyer to maneuver a return of various personal items from the asker's parent, the other party to... 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

1 Answer | Asked in Employment Law and Family Law for Pennsylvania on
Q: My daughter-in-law’s employer is requiring her to work full time for a full year after the birth of her son so that her

maternity cost are covered. If she quits before the full year is up can they hold her legally liberal for any insurance costs?

T. Augustus Claus
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answered on Nov 9, 2023

If your daughter-in-law's employer is requiring her to work for a full year after the birth of her son so that her maternity costs are covered, this is a violation of the PHRA. Even if she quits before the full year is up, her employer cannot hold her legally liable for any insurance costs.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Products Liability for Pennsylvania on
Q: How's myie family,what's and whieins myie reports date back to work,whieins the abususied mieainding foresorttied,plea's
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2023

I think you need to try posing your question again. What we see here is too garbled to make any sense.

1 Answer | Asked in Family Law for Pennsylvania on
Q: If both of our names are on the title can my husband move me out of my home?
T. Augustus Claus
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answered on Jul 3, 2023

If both your names are on the title of the home, it typically means that you both have equal ownership rights. In most cases, one co-owner cannot unilaterally force the other out of the property without following the legal process.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex is telling me she is going to have her therapist fill out document for court stating I cannot have 50/50 custody.

Her therapist is stating that our 4 yr old needs stability and our 1.5 year old needs to bond with her mama. Currently I see my children 4 days a month. We do not have any formal custody agreement, this is all verbal between us. I want to take her to court for custody so I can get 50/50 and se my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

It's difficult to know what impact the letter from your wife's therapist might have. Ordinarily, if someone wants to present someone's opinion, they need to bring that person into court to do present in via testimony. What you really need to do is to consult with a local attorney... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I'm trying to figure out who has legal rights to my son?

Long story short, I seperated from my husband and had a child with another man before the divorce finalized. The man has made zero contribution to my child but did sign an acknowledgement of paternity at the hospital at the time my child was born. I filed for child support today and domestic... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

Consult with a local attorney experienced in family law. Domestic Relations should not be handing out legal advice. If your family was not intact when the child was born then it's not likely that your former husband has any support obligation for this child. Retain an attorney to guide you... View More

1 Answer | Asked in Social Security, Divorce and Family Law for Pennsylvania on
Q: Been married 40 years need to leave and my husband has disability and pension for income I said I need half to move out

He said he will only give me half pension he said he will not give me half of disability income it's against law is that true

James L. Arrasmith
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answered on May 2, 2023

In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, my name is Amber. Im look for information or help on establishing paternity for my son, who’s father passed away

Hello, my name is Amber. I contacted my local domestic relations office to see about establishing paternity, they said I have to contact an attorney. My son was born December 30, 2022, his father and I signed an acknowledgment of paternity form at the hospital on December 31st, 2022. I decided to... View More

Peter Christopher Lomtevas
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answered on Mar 31, 2023

This is an impossible question to answer because of the state of statutory law that governs deceased paternity.

The hair samples that are collected outside a court order are inadmissible. The samples had to be collected under a court order to better support their reliability that the...
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1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists with Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
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answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
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1 Answer | Asked in Adoption, Child Custody, Criminal Law and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: What is the process for ACT 65 of 2020? Are there forms required and available to start the process?
Peter Christopher Lomtevas
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answered on Mar 31, 2023

This very vague question has no answer.

Pennsylvania children, like all other children of all other states, will from time to time exhibit self-injuring behaviors. Some will exhibit homicidal behaviors. The instinctive reaction of surrounding adults is to say the child needs mental health...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I file a petition to voluntarily terminate my parental rights?

4 yrs ago I was arrested & ejected from my house for terroristic threats. I threatened to execute my ex wife by sticking a butcher knife in the back of her skull while my 5 year old son watched, then continuing on to kill my son, the family dog & myself (I was under the influence of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 11, 2023

No, you cannot. If the child's mother files to have your fights terminated in connection with an adoption, then you may sign a consent to the termination. Otherwise, no.

1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

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