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Pennsylvania Family Law Questions & Answers
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
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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...
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2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I sue after divorce?

I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More

Karen  Ulmer
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answered on Mar 6, 2024

The short answer is no. Divorce will determine what you each are awarded based on what you both have at the time of your separation.

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Scorned Mother lingers around making kid cry at custody pickup, what to do?

Every time I pick up my child, my son is crying and is reluctant to get in my vehicle. He loves being with me but mother is a “scorned woman” always trying to interfere and my son has already told me how “once he gets older he can choose who to be with” which is an idea implanted by mother.... View More

Peter Christopher Lomtevas
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answered on Feb 7, 2024

It is not clear as to whether this is a New York parent's question or a Pennsylvania parent's question. The laws of the two adjoining states is vastly different, and therefore outcomes are vastly different. Some elements are identical though.

In both states, as can be expected, no...
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1 Answer | Asked in Estate Planning, Family Law and Personal Injury for Pennsylvania on
Q: Need help. My babies were put in kinship, across state lines, with their uncle who broke fiduciary oaths..

After my fiancee was killed ($250,000 wrongful death payout cannot currently be accounted for), his brother used loopholes to take all of my family's assets, sabotage a CPS case, and then have my (1 and 3 year old babies) placed in his custody. Vehicles he sued me out of led to lost... View More

Peter Christopher Lomtevas
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answered on Feb 5, 2024

In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Can I deny a child protective service worker access to my home during an unannounced home visit?

Do they need a court order to enter my home? Do they need a court order to speak with myself, my spouse, or my children? Can I refuse to speak without a lawyer present? I want to know my rights as a parent if I am falsely accused of harm or neglect and I have to interact with child protective... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

The Geheime Staatspolizei, abbreviated "Gestapo," was the official secret police of Nazi Germany and in German-occupied Europe. This force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one organization. In today's United... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I record my virtual visitation in PA without the other parents consent?

The mother is telling me I don't have her consent and won't let me talk to them if I am recording. This is because she has been warned to not interrupt in the order. But now is trying to hide behind the wire tap law in PA. She is still interrupting but doesn't want me to have evidence of it.

Peter Christopher Lomtevas
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answered on Jan 28, 2024

The general philosophy in any Pennsylvania legislation is that people are always treated like cattle being led off to slaughter.

As to the central issue in this question, Pennsylvania recording law provides that it is a two-party consent state. In Pennsylvania, it is a criminal offense to...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Hello. I live in PA. My wife moved out in February 2023. She and her kids still have belongings here at my house.what2do

I have asked her multiple times to come get the stuff. It's still here. we are not divorced yet, but I'm hoping very soon because I already paid half of the filing fee to file for divorce. I feel like I'm being taken advantage of. what should I do and should I seek legal advice?

Peter Christopher Lomtevas
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answered on Jan 26, 2024

What to do with the belongings is a difficult question to answer as we do not know the nature of the belongings. Ordinarily, marital property cannot be discarded near to the time of the filing of a divorce as doing that will lead to an allegation of marital waste followed by a demand for a refund... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: What kind of lawyer do we need to fight a CPS case in Cumberland County Pennsylvania we need help now??

It is a very long story however, my first urine was clean now they are saying that if we do not provide them with more drug screens and do a program and sign a safety plan that they are going to go to court and have our children forcibly removed from our home. My husband and I are in a clinic and... View More

Peter Christopher Lomtevas
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answered on Jan 26, 2024

Youth Services in conjunction with the asker's county's judges run the dependency apparatus. The judge assigns a "lawyer" to the parents, and replacing such a lawyer is difficult. The judge wants the lawyer he assigned to "represent" the parents. This means the lawyer... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Is a customary for CPS to designate a family member for adult supervision during a sexual abuse investigation?

My friend is saying that he is either being required or being asked to stay with her sister-in-law‘s family his brother was removed from the home due to sexual abuse allegations I one of his kids according to my friend none of them can leave the house. I’m not sure if this is the CPS thing... View More

Peter Christopher Lomtevas
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answered on Jan 15, 2024

We here really know nothing of the matter of which this writer speaks. This appears to be a dependency proceeding with either an upcoming shelter hearing or perhaps after a shelter hearing. We do not know which. The shelter appears to be the children's home, and the male parent is excluded on... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: can you offer to drop a child support case if the other party agrees to sign away his rights?

I have full legal and full physical custody of my 3-year-old daughter. I have a teleconference call with my daughter's father and a child support conciliator. can I offer to drop the case if he signs his rights away. he didn't meet her till she was 7-month-old. old filed for custody... View More

Peter Christopher Lomtevas
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answered on Jan 14, 2024

We here are strictly prohibited from assuming the position of a lawyer representing a client and rendering legal advice. We cannot say what legal steps an asker must take to arrive at her legal conclusion. We can educate, and that is how best to approach this asker's question.

In a...
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1 Answer | Asked in Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: I was charged with harrassment on Christmas Eve. 3 days later i got 2 friends request. New years she files a PFA

Shes tring to ruin my life. 8 months ago I walked off my job because we worked together and she told me she wanted to screw my supervisor. Haven't found employment yet and then she contacts me after filing harassment charges and now files a pfa. I'm losing everything because of her... View More

Peter Christopher Lomtevas
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answered on Jan 6, 2024

There is no question here.

We agree that government has established systems to set Americans against each other. Domestic violence law is one such mechanism. Here, we see an unintended effect of this law: the use of protective orders as a sword rather than as a shield.

The asker...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Submitted divorce papers back in October.. can’t get him to sign them. What are my next moves to finalize my divorce?

I mailed him a copy of the divorce packet to be filled out. He has not filled them out or sent them back. He claims he won’t sign them until he gets his dog back..and she is registered to me! He had until November 19th to get the papers returned so now I’d like to know what my next move should be?

Peter Christopher Lomtevas
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answered on Jan 4, 2024

We cannot answer this question. We do not know what Pennsylvania "divorce papers" or "divorce packet" the asker mailed to her spouse. There are several very different "packets" as well as different waiting periods.

Assuming the asker filed a 3301(c)(1)...
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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: What can I do to expedite a child custody modification for Christmas school break?

I will file a petition to modify child custody and for a contempt hearing but the process takes time and the pressing issue is that the parents do not agree on the custody for the child's school Christmas break. What can I do to expedite a child custody modification hearing to at least address... View More

Peter Christopher Lomtevas
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answered on Dec 31, 2023

This is a very noteworthy question which reveals a major flaw in Pennsylvania custody justice. Apparently, this asker endured a previous custody court proceeding that ended in an order that fixed child access at that point in time when the child was an infant: possibly day visits or infrequent... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Pennsylvania on
Q: "Redlining" and Child Relocation

Is anyone out there aware of "redlining" and how it can affect a child relocation decision, or appeal? Explanation: Parent was allowed to relocate child to the Upper East Side of Manhattan (2 hrs away). Non Relocating parent can not afford to move closer to NYC. Essentially... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

This asker confuses issues to the extent that he can never understand what happened and how it happened. We will disassemble the best we can how a §5337 relocation went south for the asker.

Synopsizing the facts, we see there was a modification of an order of custody that granted the...
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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
PREMIUM
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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

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