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Pennsylvania Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I recently filed a petition for a permanent restraining order. Can my lawyer attend the ex parte hearing without me?
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 15, 2023

Assuming that the restraining order you refer to is under the Protection from Abuse Act, no, you have to appear as well.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Pennsylvania on
Q: I have a cys matter I'm currently going to court for! They have unlawfully taken my kids and refuse to return them.

What can I do? What's a proper defense? Can anyone help me?

Peter Christopher Lomtevas
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answered on Feb 10, 2023

Youth Services cases are the most revealing as to how the law operates against the citizen. Every conceivable protection against abuses of the judiciary are flipped around and made to abuse the parent undergoing one of these cases.

First and foremost, the asker must understand there is a...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can cys threaten to make all urine test positive? If you test or not.
Peter Christopher Lomtevas
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answered on Jan 17, 2023

Phrased another way, is the question can CPS default or impute a positive refused drug test? Yes they can and so can the judge in the case.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Reason being he didnt find out he had a daughter out there until OCY contacted him and she was already in the system.
Peter Christopher Lomtevas
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answered on Jan 17, 2023

The key to adjusting and modifying any child dependency matter is to convince the child protective apparatus to go along with an idea to keep the child under the government's supervision while the biological father raises the child the best he can. Without further information, we cannot opine:... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: If my son files for custody can he get his daughter out of foster care due to the mother's negligence?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 20, 2022

To do so can be rather complex and he really needs to consult privately with an attorney familiar with dependency cases. The rhetorical question that occurs to me is why he didn't take action when the dependency case was first filed.

1 Answer | Asked in Family Law for Pennsylvania on
Q: What is I took a no contest plea and got charged with Endangering the Welfare of a Child (F2) in PA?

Short of a very long story I was wrongfully accused by a pediatrician. This pediatrician accused me of abusing my son, but later on it turned out to be from a medical condition. But unfortunately the prosecutor decided to charge me anyway and now it's to be fought out in court with the... View More

Peter Christopher Lomtevas
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answered on Nov 6, 2022

This is another one of those questions that requires candor that is unpleasant to government and government's supporters to answer fully and accurately. Federal money goes to the states for child protection and certain criminal prosecutions meaning the tail wags the dog, and the outcome can be... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Child services vaccinated my children states in their files no vaccinations still have all parental right what do I do

Child services has temporary custody but in their records it states no vaccinations and they went without my knowledge and vaccinated my children. Caseworker was supposed to call me and tell me what happened she never called or will return my calls I found out from my son

Peter Christopher Lomtevas
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answered on Nov 6, 2022

Pennsylvania has a unique approach to its citizens characterized by imposed government edicts per family. Pennsylvania says the law is fair for all and that every citizen is treated equally when in reality, that is very far from the truth.

First and foremost, Pennsylvania subscribed to the...
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1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but... View More

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