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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 8
Do you have any Pennsylvania Child Custody questions page 8 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

Can I move without having to notify the father or the court?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
With no custody order you can do this. However, if you are moving far, the father can file a motion for a relocation hearing which would require you to go to court.
With no custody order you can do this. However, if you are moving far, the father can file a motion for a relocation hearing which would require... Read More

Are custody papers written and signed by both parents legal?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Nothing is enforceable unless it is a custody order of court. He can use the thing you signed in court to argue his case, but it doesn't necessarily mean the judge will rule in his favor.
Nothing is enforceable unless it is a custody order of court. He can use the thing you signed in court to argue his case, but it doesn't ... Read More

Can I ever see my daughter again after I signed off my rights?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
If you signed a voluntary termination of parental rights, it will be really difficult. If you just signed a waiver or custody, that is another story. No one knows exactly what you mean by "...signed off my rights.." Lawyers deal in very specific terms. You should take the paperwork to an attorney or just meet with one and pay him to look up your case to see what happened with you.... Read More
If you signed a voluntary termination of parental rights, it will be really difficult. If you just signed a waiver or custody, that is another... Read More

What happens on a Motion to Appear in family court for support modification hearing?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
I don't know what a "Motion to Appear" is but the rest of it sounds like the defendant on 2/23 filed a petition for modification to lower his support payments. If the petition is granted, his payments are lowered effective 2/23, so retroactively he will have owe the new amount from 2/23 henceforth and not the old amount. If plaintiff was overpaid from 2/23, it will be reflected in the order.... Read More
I don't know what a "Motion to Appear" is but the rest of it sounds like the defendant on 2/23 filed a petition for modification to lower his ... Read More

If I do not agree, she is threatening to take her to live with her and her boyfriend over 100 miles away, can she legally do this?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
You should talk to an attorney about getting a custody order if you two can't agree on when, where and how long each of you sees the child.
You should talk to an attorney about getting a custody order if you two can't agree on when, where and how long each of you sees the child.

If husband received custody and mother of children lives with husband, they are not divorced, do the terms of custody remain same?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
The prior order will be enforceable until another order replaces it. However, if the parties mutually agree, they can have any sort of custody arrangement that they want.
The prior order will be enforceable until another order replaces it. However, if the parties mutually agree, they can have any sort of custody... Read More

How can I prove that I am the father of my child who was born while my wife was still married?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
Talk to a family law attorney about what you would need to prove to get a judge to order paternity testing at this point.
Talk to a family law attorney about what you would need to prove to get a judge to order paternity testing at this point.

In which state do I file for custody?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
The one that has jurisdiction.
The one that has jurisdiction.

Can the non custodial parent deny the right to for the paternal parent to live with their husband?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no real way he can prevent you from living with your new husband. I see this often occur when a new significant other comes into the life of one parent. The other parent often acts irrationally. On the abuse matter, if you believe your child is in danger, please contact your county's children and youth hotline at once.... Read More
There is no real way he can prevent you from living with your new husband. I see this often occur when a new significant other comes into the life of... Read More

If a child is in a kinship care home and is being verbally and mentally abused, how can it be reported?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
You may want to get the child an attorney.
You may want to get the child an attorney.

What should I do if I want to move out of state with my kids but I have joint custody with my ex?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
You really should talk to any attorney about the entire situation. I cannot answer this correctly without more information. Generally, you need to give him notice of relocation and he can then can petition the court for a relocation hearing. If you just move with the kids, he can force you into court on the relocation issue.... Read More
You really should talk to any attorney about the entire situation. I cannot answer this correctly without more information. Generally, you need to... Read More

My son's father never signed his birth certificate. Does he have any paternal rights since paternity was never established?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Did he ever act as a father to your child? Were you married when the child was born? Those questions are crucial. If they're both "no," I wouldn't worry about it. If they're both yes, he could assert a claim of paternity.
Did he ever act as a father to your child? Were you married when the child was born? Those questions are crucial. If they're both "no," I wouldn't... Read More

Relocation

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, he still technically has custodial rights even though they've been suspended. If he doesn't consent to your relocation, I don't see much trouble in convincing the court to allow you to relocate.
Yes, he still technically has custodial rights even though they've been suspended. If he doesn't consent to your relocation, I don't see much trouble... Read More

Can a child in the state of Pennsylvania choose which parent they want to live with?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Ask the court for a modification. At their ages, your daughters will be able to talk to the judge about their preferences. They won't be able to "choose" per se, but they will be able to give input to the court.
Ask the court for a modification. At their ages, your daughters will be able to talk to the judge about their preferences. They won't be able to... Read More

My sons mother lived with her grandparents with my son. i just found out she moved to flordia because shes on the run .

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to file for custody in the county your son lives in or lived in for the past 6 months.
You need to file for custody in the county your son lives in or lived in for the past 6 months.

how can i get full custody of my son because his father is drug addict and cant stay clean?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Do you have a custody order signed by a judge? If not, you need to file a Complaint for Sole Legal and Physical Custody at your county court house.
Do you have a custody order signed by a judge? If not, you need to file a Complaint for Sole Legal and Physical Custody at your county court house.

My ex-girlfriend wants to send my daughter to another state to be with her grandmother for over a month what can I do

Answered 11 years ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Is there a custody order in place?  If so, is the mother in contempt of that order? Without a court order in place, you don't really have much legal recourse.  I would consult with a custody/family law attorney in your jurisdiction and consider filing a custody complaint. 
Is there a custody order in place?  If so, is the mother in contempt of that order? Without a court order in place, you don't really have much... Read More

I am a non custodial parent living in NY, my daughter lives mainly with her mother in PA, now shes threatening to move to GA what rights do I have?

Answered 11 years ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Is there currently a custody order in place?  If not, you'll want to file a complaint in custody to protect your rights. If your daughter has been living in PA for more than 6 months, then you should file the complaint in the county where she resides in Pennsylvania.  
Is there currently a custody order in place?  If not, you'll want to file a complaint in custody to protect your rights. If your daughter has... Read More

Does he have to pay if his name isn't on the birth certificate and the child doesn't have his last name nor does he see the child?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
It is possible. More information is needed. If he ever held the child as his own, or if he signed an acknowledgment of paternity, those things would rise to a presumption of paternity.
It is possible. More information is needed. If he ever held the child as his own, or if he signed an acknowledgment of paternity, those things ... Read More

Do you have full child support if you did not know the child was yours until the person found you?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
It depends what they are basing their allegation that you are the father on. Did you sign a birth certificate? Did you sign an acknowledgement of paternity? Did you pay child support? You can deny and request genetic testing if you are not sure.
It depends what they are basing their allegation that you are the father on. Did you sign a birth certificate? Did you sign an acknowledgement of ... Read More

Parents with full custody of child want to glve custody to grandparents in Michigan. Child lives in PA. Can this be done before child moves?

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You could draft a consent custody order granting grandparents custody and file it in your home PA county. After 6 months, you can move the court to transfer registration of the custody order to Michigan for enforcement and modification.
You could draft a consent custody order granting grandparents custody and file it in your home PA county. After 6 months, you can move the court to... Read More

What paperwork do I need for my daughter to move in with her grandparents?

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A Guardianship Decree is your best bet--it will allow grandparents to enroll her in school, etc., but will not surrender any custody rights.
A Guardianship Decree is your best bet--it will allow grandparents to enroll her in school, etc., but will not surrender any custody rights.

Navy Family Care Plan

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It's a good idea to draft a custody agreement whereby she gets custody whenever you're deployed. If you draft a consent order, you can usually file it with your local custody office for a fee.
It's a good idea to draft a custody agreement whereby she gets custody whenever you're deployed. If you draft a consent order, you can usually file... Read More

If the father died and they are divorced, does the mother automatically get sole custody?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Child Custody
She would be favored in a custody hearing but not necessarily the winner if it would be in the best interest of the child to be placed with another family member, or even in foster care.
She would be favored in a custody hearing but not necessarily the winner if it would be in the best interest of the child to be placed with another... Read More

I have primary physical custody of my daughter and would like to move from pa to fl I'd like to be by my grandparents will the court let me

Answered 11 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have to file a Notice of Relocation as prescribed by the courts. If the father will not let it happen, the court will schedule a hearing to determine whether or not to let you go. I think you have a compelling reason for the court to allow the move.
You have to file a Notice of Relocation as prescribed by the courts. If the father will not let it happen, the court will schedule a hearing to... Read More
Child Custody
Pennsylvania

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