Ex and new gf fight constantly in front of daughter in her car and drive around drinking alcohol. She also continuously calls me derogatory names in front of daughter.
answered on Jun 29, 2020
You can file a petition to modify the terms of your custody order *anytime,* and the court will assess any change in circumstances as it relates to the best interests of your daughter. A past DUI on Dad's new girlfriend's record may have little relevance to custody proceedings, esp. if... Read more »
He has outstanding support obligations and is in arrears for two children. If he filed for divorce and I have answered the complaint, at what point can it go into default?
answered on Jun 27, 2020
Cases usually don't go into default. Upon occasion they may be terminated due to inactivity.
I am married to another woman and she is married to a man. There is no biological father in the picture.
answered on Jun 27, 2020
I seriously doubt it. This is one of the strangest questions I've seen. If anyone were to adopt that child it would likely be the mother's husband, not an ex-boyfriend
The child is mainly with me an goes with other parent on weekends there are safety concerns with the other parent such as him drinking an driving an even showing up to pick child up with an open container in vehicle. When I spoke with a lawyer the suggested to let him file first but im confused as... Read more »
answered on Jun 25, 2020
The only reason I can think of to let the other parent file first is to save yourself the court filing fee of opening up a custody case (which can run a few hundred dollars, and is $155.00 in Lycoming County).
Pennsylvania criminal law already prohibits a person from driving while... Read more »
Since the virus has been going around its been hard to find a job.
answered on Jun 23, 2020
Tell them exactly that - you don't have any. Be able to provide solid evidnece that you've been looking for work. Also, why aren't you receiving unemployment compensation? Don't try to answer me but that may be something they'll be interested in knowing.
Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?
answered on Jun 23, 2020
Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... Read more »
will I get full custody
answered on Jun 22, 2020
The Court will be more interested in what sentence your children's father actually receives, and less so what he's "looking at." For instance, first-degree misdemeanors in Pennsylvania carry a maximum sentence of 5 years in jail, but many defendants so charged receive only... Read more »
I’m 2 months from turning 18, been had a stable job for 2 years now, and I can’t live here anymore, so am I able to leave without her permission
answered on Jun 20, 2020
If she won't allow you to move out, I strongly suggest that you tough out the last two months before you turn 18.
We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... Read more »
answered on Jun 18, 2020
If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.
Your... Read more »
PA family law
answered on Jun 15, 2020
I am aware of no such laws in Pennsylvania, and I've been practicing family law in the Commonwealth for 20 years.
Sounds like you two could benefit from some family counseling, at least for the kids' sake. Perhaps suggest it to her as a responsible father and co-parent. Best of luck to you.
I was just informed that my daughter's bio dad was high while she was in his care (An entire weekend in another city). She is 4 1/2 and he had no involvement in her life until September 2019. I was informed that he was using heroin for the last month, including when he had her. We have no... Read more »
answered on Jun 9, 2020
Yes, you can can (and probably should) file for emergency custody -- or, since there's no order, you could also refuse to allow him physical custody of your daughter any longer and let *him* file for a custody order.
The tricky part, of course, is the reliability of your information... Read more »
My husband is out socializing EVERY-SINGLE-DAY! Partying every/all weekend and refuses to distance/wear mask/etc. He wont allow our 6 yr old son to wear a mask when they are outside together which really bothers my son. Today, for the 2nd time (1st time was even worse), he has risked our son's... Read more »
answered on Jun 8, 2020
At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least... Read more »
answered on Jun 5, 2020
this may depend upon the age of each.
https://pcar.org/laws-policy/age-consent
My wife and I are both disabled and a disabled 22 year old son whom we need a power of attorney for. Please help poor and have very limited funds where can we get help?
We live in western PA
answered on Jun 5, 2020
your local legal aid /legal services should be able to help. Also, your county disabled assistance office may also help.
If I have child custody on a 3 day weekend, and I need to incorporate taking 7 days of vacation with my child, do I have custody for 10 days, or only 7 days total, effectively losing 3 days of "vacation"? In other words, are the vacation days "pure" vacation days that can be... Read more »
answered on Jun 4, 2020
Normally, a comprehensive custody agreement would answer all of your questions by defining all of these terms. If it doesn't -- and make sure you review any written agreement to make sure it doesn't -- then you have two options: (1) go back to court to get the clarifications you seek,... Read more »
More days. I'm concerned for our children's safety and want to seek full custody. They chose to live with me. He moved out. There's a history of domestic abuse from him which the kids and I are receiving counseling at Victim Services through the YWCA.
answered on Jun 4, 2020
Sounds like you have very valid grounds in which to file an emergency petition to modify custody -- if there's even a custody order in place at all (which is unclear from your question). If not, you should certainly seek one. If so, you could file an emergency petition to seek your... Read more »
My daughters mom is claiming to have evidence that I hit/ hurt my daughter. I have evidence that shows I don’t and have not. If our evidence conflicts with each other what would happen to our daughter?
My fear is she’ll be put in a foster home until a professional gets to talk to her... Read more »
answered on Jun 2, 2020
It depends with whom the abuse complaint is made. Presumably, your daughters mother would notify either the local police or the county child protective agency, and then an investigation would be opened. As long as the investigators believe that the child is in no imminent danger, the child... Read more »
Do I need to send the Plaintiff a copy of the filled out modification form, Criminal History form, Blank Criminal History forms, and a copy of the order? Do I need to have her signature upon delivery of the documents? When I send in my copy to the Prothonotary I send all of the above plus the $100... Read more »
answered on May 29, 2020
Each Pennsylvania county has their own local requirements (esp. for the filing fee). I suggest you directly contact the Prothonotary's Office for the county in which you wish to file. Sometimes there's a court website that more-or-less walks you through the filing steps as well, if... Read more »
answered on May 29, 2020
If you are the biological mother and there is no custody order concerning your daughter, then you presently have the same legal rights to your daughter as her biological father. Legally, you don't need his permission to have physical custody of your daughter.
But it sounds like... Read more »
She lives in Georgia now but had no support/barely any contact for 8 yrs I had our son
answered on May 28, 2020
Not likely. You should have filed while you had custody of him. The PA support rules do not allow retroactivity of support orders beyond the date of filing for support. If you failed to file for support because you didn't want her trying to come back into your son's life or if you... Read more »
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