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Pennsylvania Child Custody Legal Questions

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452 legal questions have been posted about child custody by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Child Custody Questions & Legal Answers - Page 11
Do you have any Pennsylvania Child Custody questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 452 previously answered Pennsylvania Child Custody questions.
Child Custody
Pennsylvania

Recent Legal Answers

What documents can I send to the ex that would terminate his claim on my son?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
You would need to consult with a family law attorney about a voluntary termination of parental rights if you think the father will totally relinquish his parental rights. This is not a DIY project so you would need a lawyer.
You would need to consult with a family law attorney about a voluntary termination of parental rights if you think the father will totally ... Read More

I have shared legal and partial physical order. Igave permision with the court for my ex-girlfriend to move to Fl from PA. I am stationed in KY.

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I don't understand your question. If you gave her permission to move to PA, why would she be moving back to PA?
I don't understand your question. If you gave her permission to move to PA, why would she be moving back to PA?

Since my daughters address and school have already been changed to my address, do I need to involve the court, if so, what do I do next?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
You should probably have a consent order drafted by an attorney and signed by a judge which confirms the new custody arrangement. Sometimes a situation arises-such as medical-where the provider want to see the order so he knows the presenting parent is authorized to act on behalf of the child.... Read More
You should probably have a consent order drafted by an attorney and signed by a judge which confirms the new custody arrangement. Sometimes a... Read More

How do I get full custody when custodial parent is in jail?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
See a lawyer. It is complicated. You should have the right to get custody, but you need to determine if the grandparents will fight you on this, do they actually have legal standing to do so? You probably need to hire a lawyer in the jurisdiction mom lived with the child.
See a lawyer. It is complicated. You should have the right to get custody, but you need to determine if the grandparents will fight you on this, do... Read More

Can the biological father of my child stop us from moving to another state with my fiance?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
If he wants to spend the money and fight you on moving, he will need to hire and lawyer to file a motion in which he requests a relocation hearing. You can always remind him that you will file for child support.
If he wants to spend the money and fight you on moving, he will need to hire and lawyer to file a motion in which he requests a relocation hearing.... Read More

I live in Pennsylvania and want to relocate with my minor son to Delaware does miles make a difference?

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It does make a difference. You have to establish to the courts that the move will better your son's best interest and your own. The relocation statute outlines the factors the court will consider; they can be found at the following link, under subsection (h). http://law.justia.com/codes/pennsylvania/2012/title-23/chapter-53/section-5337  ... Read More
It does make a difference. You have to establish to the courts that the move will better your son's best interest and your own. The relocation... Read More

Would it be better to voluntary guardianship or through court for the guardianship of my nephew?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Discuss all of the facts with a local attorney. You just may want to get an emergency motion for custody filed and have the judge issue a temporary custody order which will give you authority for dealing with school, doctors, etc.
Discuss all of the facts with a local attorney. You just may want to get an emergency motion for custody filed and have the judge issue a temporary... Read More

Visitation rights to my niece

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This is a Virginia law question. In Pennsylvania, an aunt/uncle has no visitation or custodial rights unless that person served as a parent to the child. Grandparents, on the other hand, may pursue visitation and/or custody.
This is a Virginia law question. In Pennsylvania, an aunt/uncle has no visitation or custodial rights unless that person served as a parent to the... Read More

child custody questions

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Can you elaborate?
Can you elaborate?

What can I do if the salary I am getting is not enough for child support?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
They cannot attach more than 50% of your wages. Not that I would ever advise hiding income from the government, but a lot of guys in your shoes do under the table work-cash income.
They cannot attach more than 50% of your wages. Not that I would ever advise hiding income from the government, but a lot of guys in your shoes do... Read More

Can a father sign over his rights to our unborn child?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Not that I know of.
Not that I know of.

Can you be forced to pay child support when the birth certificate was never signed?

Answered 11 years and 8 months ago by Thomas George Landis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I think if he has a lawyer he is paying, he should ask him. Good luck.
I think if he has a lawyer he is paying, he should ask him. Good luck.

What do I need to do to go pick up my daughter from my sister who no longer has temporary custody?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Unless the sister registered the old custody order in the new state, I think as a parent you can obtain custody. I would get the birth certificates and various documents together and see if the cops will help. If not, go to court with a motion which you may need a lawyer to do.
Unless the sister registered the old custody order in the new state, I think as a parent you can obtain custody. I would get the birth certificates... Read More

Can my husband stop me from leaving the state with our kids?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Legally, he would have to go to court-hire a lawyer to file and emergency motion in which he would request a relocation hearing. This is assuming PA has jurisdiction which requires one of the parties having residency here for 6 months.
Legally, he would have to go to court-hire a lawyer to file and emergency motion in which he would request a relocation hearing. This is assuming... Read More

What will happen to an interstate child support and can it be done?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
I think as long as you and the child have lived in PA for over 6 months, you can file at your county family division. They will commence an action under interstate child support law and he can appear by phone at the conference.
I think as long as you and the child have lived in PA for over 6 months, you can file at your county family division. They will commence an action... Read More

I am divorced and my son left this summer to visit his father in a different state, now he doesnt want to send him back

Answered 11 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to file for custody now and bring a motion to return the child to PA. If the child has lived in PA for the past 6 months, PA is the state of home jurisdiction.
You need to file for custody now and bring a motion to return the child to PA. If the child has lived in PA for the past 6 months, PA is the state of... Read More

Will my husband go back to jail if he is not able to pay for the back child support within 30 days?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
If it was a judge that told him this and set the payment condition, there is a good chance of 6 months in jail for him.
If it was a judge that told him this and set the payment condition, there is a good chance of 6 months in jail for him.

Can I disown my kids once they are all grown up?

Answered 11 years and 9 months ago by Ms. Melissa Ann Botting (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You are not responsible for your children once they are adults. You are not obligated to leave them an inheritance. You do not have to be involved in their lives if you do not wish to be involved, nor do you need to be more involved than you want to be. You have my condolences.
You are not responsible for your children once they are adults. You are not obligated to leave them an inheritance. You do not have to be involved in... Read More

How can the kids (girls) on foster care be adopted?

Answered 11 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
If CYS doesn't know, you will have to do some investigative work on your own. Perhaps the PA. Department of Public Welfare has the children on the rolls.
If CYS doesn't know, you will have to do some investigative work on your own. Perhaps the PA. Department of Public Welfare has the children on the ... Read More

Should her new husband be allowed in her and our son’s counselling?

Answered 11 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
This question is so vague it is difficult to answer. Like what type of counselling, for what purpose? Does the son live with mom and new husband.If the issues that are personal to mom and son, I am not sure step dad needs to be involved. If the issues effect all three as a family unit, including step dad seems more reasonable.... Read More
This question is so vague it is difficult to answer. Like what type of counselling, for what purpose? Does the son live with mom and new husband.If... Read More

Does guardianship ever convert to something permanent where the parents can't take her back?

Answered 11 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Too little information to give you a specific answer, but if you are a permanent legal custodian through dependency court, the parents can come back to court to modify it and get custody if they get their act together.
Too little information to give you a specific answer, but if you are a permanent legal custodian through dependency court, the parents can come back... Read More

Are the papers valid?

Answered 11 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It's a technical error (typo); it's not going to void the complaint.
It's a technical error (typo); it's not going to void the complaint.

Do grandparents have legal rights for custody in Pa?

Answered 11 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is possible. According to the custody statute, any grandparent can pursue visitation if the parents are separated. If the grandparent has been raising the child or the child is at risk (e.g. parents using drugs, etc.), the grandparent can pursue primary custody.
It is possible. According to the custody statute, any grandparent can pursue visitation if the parents are separated. If the grandparent has been... Read More

What can I do if I'm in contempt and owe $2,000 in back child support by July 14th and do I go to jail if I can’t pay for it?

Answered 11 years and 10 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: Child Custody
If you get hauled on on contempt for failure to pay child support, explain your poverty situation to the judge. He or she may have sympathy for you- especially if you are making some sort of payment, whether it is $100 a month.
If you get hauled on on contempt for failure to pay child support, explain your poverty situation to the judge. He or she may have sympathy for... Read More

Could my boyfriend get custody of his son if his son’s mother keeps disobeying the custody order?

Answered 11 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
If he brings it in before the judge on a contempt petition, it is doubtful the judge will just give him full custody. The judge may punish her a little for his lost time, and, give her a warning.
If he brings it in before the judge on a contempt petition, it is doubtful the judge will just give him full custody. The judge may punish her a... Read More
Child Custody
Pennsylvania

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