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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Pennsylvania on
Q: Is what my mother doing legal

I’m 20 years old and I am on a phone plan with my mom and a guy who’s a friend of the family, the friend is the phone account holder. My mom tells me she logs into the AT&T app and reads mine and my boyfriend’s messages without my permission, she’s not the account holder and is that an... View More

James L. Arrasmith
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answered on May 2, 2023

Reading someone else's messages without their permission is a violation of their privacy, regardless of whether or not the person doing the reading is the account holder. As a legal adult, you have the right to privacy and your mother does not have the right to access your private... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: In Pennsylvania how do I communicate with judge regarding custody.

The custody order states son should be in therapy within 7 days but I can't get appointment until June 12, 2023. The hearing is scheduled for May 30 and trial is June 12, 2023. I want to inform him of this but can't contact him by phone. Can I write him a letter or do I have to file... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

You should hire an attorney to assist you in preparing a motion to extend the time to begin therapy with affidavits from yourself and every relevant therapist explaining in detail why you are unable to get a therapy appointment scheduled earlier.

If the court ordered therapy to begin in...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?

Peter Christopher Lomtevas
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answered on Apr 3, 2023

This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Peter Christopher Lomtevas
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answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 3, 2023

Please consult with an experienced family law attorney in your area. In PA, parents are entitled to know the criminal history of anyone who resides in the household of the other custodial parent. If your concerns involve other issues, such as whether there might be safety issues which involve the... View More

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1 Answer | Asked in Family Law for Pennsylvania on
Q: My son was told he is a father. The woman will not communicate or introduce the child to him. The baby was born 9/30/22

What is the next steps for him or me as a grandparent

Peter Christopher Lomtevas
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answered on Mar 31, 2023

The son can file for paternity (best to retain an attorney), and then be prepared to pay child support for eighteen years unless he litigates throughout. The asker will have difficulty in petitioning for grandparent visitation because the family statutes place the biological parents up front as... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am 17 and I have a daughter, I was looking to be emancipated in Pennsylvania

I provide all expenses for me and my daughter except for a house. My mother is making it extremely difficult for me to parent my daughter. I live in franklin county, pa, which said they do not recognize emancipation. Is there any way for me to bypass that?

Peter Christopher Lomtevas
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answered on Mar 21, 2023

Pennsylvania is a very weird bird when it comes to minors (people under 18 years of age). Pennsylvania allows minors to file 'private petitions' and recognizes minors as having standing when they lost access to both parents. However, all courts treat minors as minors even though this... View More

1 Answer | Asked in Family Law and International Law for Pennsylvania on
Q: HI, asking again. Would there be any legal reason PA would NOT recognize a international marriage of PA residents?

I have no basis or reason to ask other than someone that was married in Italy said when they came back home they had to go to JP to remarry, PA would not accept their marriage as legal.. I dont know why. I am planning a romantic fall marriage in Italy with my fiance and we will reside in in PA... View More

James L. Arrasmith
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answered on Mar 19, 2023

In general, if a marriage is legally valid in the country where it took place, it should also be recognized as valid in the United States, including in the state of Pennsylvania. However, there are some limited circumstances where a foreign marriage may not be recognized as valid in Pennsylvania.... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: We have been separated for 2 years, prior to the housing boom, are they now eligible for the new inflated worth?

Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

The value of the marital home equity is generally determined as of the tie the case goes to court, or as near to that date as possible, but there may be factors which would support using a different approach. If you consult with a local attorney experienced in family law, you should be able to... View More

1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Employment Law for Pennsylvania on
Q: Good morning,How do I find out if I have been tainted via social media when no one would tell me?

My friends and family have been keeping their distance from me for a few years. I am being gaslighted (I hate to mention it) because it is a difficult thing to prove. It makes it seem like is all in my head. However, I draw the line when it happens at work. I will not be able to support myself... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

First of all, you should never include your name or other identifying information on sites like these, which are open to everyone, including the folks you're concerned about.. Secondly, although the purpose of this site is often misunderstood, it's not a jobs board so it's highly... View More

1 Answer | Asked in Real Estate Law and Family Law for Pennsylvania on
Q: we bought a house together in PA, we've split, I have full custody of our child, She hasnt paid

the mortgage (I have been so credit doesnt tank) my family court atty says send her an eviction letter so I can sell the hosue, but everything I see is for tenants. Is there a special letter I should send?

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You need to ask your family court attorney for a better explanation.

Ordinarily, if two people are both named on the deed for a house, each person has the equal right to occupy the house, and neither owner can evict the other.

In a divorce, the family court can award either spouse...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... View More

Peter Christopher Lomtevas
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answered on Feb 10, 2023

This by no means is a "better" answer than that of my colleague. This merely supplements to a small extent an already effective response.

The asker must retain counsel. One cannot possibly rely on the integrity, impartiality and independence of the Pennsylvania judiciary....
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2023

I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... View More

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1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: Husband wants to adopt my son 13y. Father is in Mexico, he never met him/doesn't appear in birth cert what should I do?

I have never seen the father after my son was born (he didn't try to contact us, although I tried a couple of times to connect them, when my son was a baby and when my son was 2-3 years). He really doesn't care about my son and I don't think he will ever do it. I have never ask him... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 2, 2023

By law, the biological father must be notified that his rights will be terminated in order for your husband to adopt your son. However, if you truly don't know where he is, there are steps that can be taken to demonstrate this to the court without the need to hire an investigator. You should... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2023

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by...
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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

Michael Cherewka
Michael Cherewka
answered on Jan 30, 2023

Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... View More

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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

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