Family Legal Questions

I see that you reside in Pennsylvania. I'm a Baltimore County child custody lawyer in Maryland, so my legal knowledge is based on Maryland law and may not align perfectly with Pennsylvania's laws, but I can provide a general perspective on your situation. In many states, including Maryland, grandparents do have the right to petition the court for visitation rights with their grandchildren. Courts usually consider a variety of factors when determining whether to grant grandparents' visitation rights, including the strength of the relationship between the grandparent and grandchild, the potential benefit to the child, and any possible harm. Given your history of involvement in raising your grandchildren, these could potentially be strong points in your favor. However, there are often several hurdles to overcome. One key hurdle is that courts typically give significant weight to the decisions of the custodial parents, so if your daughter and her new husband do not want you to see the grandchildren, you will likely have to present a strong case showing why the court should override their decision. My law firm wrote an article on the issue of grandparents' visitation rights, which analyzed how the US Supreme Court has addressed the issue. In light of these complexities, it would be prudent to consult with a local family law attorney who is knowledgeable about grandparents' rights in your state. They can provide you with guidance based on the specifics of your case and help you understand your options under Pennsylvania law. Remember, the best interests of the children are the primary consideration in these situations, and courts will aim to make decisions accordingly.... Read Answer

If there is a divorce decree, that determines what happens to the house. Since the home is a top asset of most marital estates, it would be surprising for the court not to rule on it. If you owned the home prior to the marriage and she was never on the deed, and it never became part of the marital estate, if the divorce decree does not say otherwise, you have a right to evict.... Read Answer

First, if you live in Michigan, Michigan law applies, if you don't, it probably doesn't. If you do live in Michigan, the state recognizes common law marriages from other states but probating an estate if you are the property owner and the suvivors seeks to assert claims can be difficult. If you love this person, have will or trust for their benefit. The cost is small but the amount saved in future lawyer fees and peace of mind for both of you is probably worth it. Good luck.     ... Read Answer

Dear Ms.  Grenier: Yes, your son has rights. He has to establish paternity through the court by filing a Petition to Determine Paternity.  He can loook up Florida Family Law forms and go to section 12.983(a), and the additional subparts to get guidance. As of the date of writing this reply, under Florida law he is not established as the legal father  until  the Court enters such an order.  It is best to try and do this before the mother leaves the state, since he has to have her served by the sheriff or a licensed process server with the petition.  However, if she does leave, he can still have her served in the state where she moves, and Florida will still be the state with jurisdiction to hear this matter.  If paternity is contested, the court will order a paternity test.  Once paternity is admitted or scientifically proven, the court will then determine a time sharing schedule, even if it is long distance, and will also set child support. There are some changes coming to the paternity laws as of July 1, 2023, but it is best that your son take action at this time.   Best of luck, Cindy Vova Family Law Offices of Cindy S. Vova, P.A.  Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Your marriage and your loss of your job are both material changes in circumstances which would support a modification of the medical support order, including quite likely a modification to end it altogether.  If both you and your wife agree, it is likely that such a modification can be accomplished by a competent family law attorney quickly and relatively easily.... Read Answer

Whether your judge will lift or change the geographic restriction (GR) swings on convincing the judge that such a change is in the "best interests" of the child.   This is a fact specific test.   That is, the more facts you have that such a change is in your daughter's best interest, the more likely the judge will lift the restriction.   In addition, the purpose of the GR is so the dad can have regular and meaningful contact.   If he is not exercising that right, the purpose behind the GR is no longer valid.... Read Answer

Dear Anonymous,   Assuming that your child is already 18, and has graduated from high school (check the wording on your child support obligation as it may say that child support continues until the child turns 18 or graduates high school, whichever is later, provided the child is still in school and it is anticipated the child graduates before the child's 19th birthday)  your child support should have ended.  Once the child turns 18 you cannot go back to modify child support.  However, if the payor parent owes suspport arrears you should go to court to get a judgment requiring the parent to continue to pay the support the parent failed to pay while the child was still under 18. Best of luck. Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

The fact that your ex is not working is not on its own enough to get the court to modify visitation.  However, if the children are not being properly cared for or are not thriving in the care of their mother, then it might be wise to explore the possibility of modifying custody so that the children would live with you primarily.  It is impossible to evaluate the strength of such a case in this type of format.  The best thing you can do is to reach out to a family law attoney and have a consultation where you can discuss the specifics of your situation and get a much better idea of whether your potential case is strong enough to take the chance to file.... Read Answer

If there has never been an order in place regarding your children then it sounds like TX would be considered the home state of the children and all litigation regarding custody and visitation and access should be tried in TX.  However, if there is already an order in place from another state, then that state would have to relinquish jurisdiction in order for TX to exercise jurisdiction.  In terms of your question regarding joint custody, I think you need to understand the terminology used by the Courts in Texas.  We do not give a parent "custody."  Texas will appoint parents, or in some cases, non-parents as conservators of the children.  The most common type of conservatorship ordered is called joint managing conservatorship.  However, this label can mean many different things.  If the parties live close together it CAN mean that you are both equals in terms of decision making and time with the kids.  But most of the time one joint managing conservator still has the majority of possession time with kids and the other parent visits with parent via a standard possession order schedule.  I say all this just to let you know that even if your children's father is awarded joint conservatorship that doesn't necessarily mean that he would not have to pay child support.... Read Answer

The answer is in your order, and the order may be enforced. You should review the section of your order where it likely says that you are both to pay 50% of unreimbursed medical bills. If you have a standard order, your ex is probably also ordered to carry the health insurance or reimburse you (or the state) for the premium you pay for the child. A standard order says that you must give notice of the bill in writing. That may include email. In order to get your ex to pay, you may have to file an enforcement. The court will require that you gave him notice in writing so be sure to read the order and follow the instructions if you plan to proceed with an enforcement.... Read Answer

Generally, the only obligors for child support are non custodial parents.  However, if someone is awarded rights as parent, then they also assume the duties of a parent.  I would need to review the documents declaring those rights to provide a more definitive answer. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The court will likely require that the biological father do a paternity test after you file for divorce, and you will need to indicate in your divorce petition that he is the father. The first step is to file for divorce. If you have an email for your husband in Mexico, you may get him to sign a waiver of citation so you can move forward with the divorce.... Read Answer

If the house and car were paid off prior to the marriage, then it almost certainly falls under your separate property instead of community property, and therefore your estranged husband has no legal interest in either. However, if you used any community funds on the house or the car while married, your husband may be entitled to some reimbursement. For example, job income is considered community property, so if you used money you earned from working to do an expensive repair on the car or to renovate the house, your husband may be entitled to some dollar amount for that. There is also an offset for his reimbursement claim based on how much he benefitted from that expense. For example, if you used your community funds to repair the car but it was also his primary means of getting to work, his reimbursement claim would be reduced because of that. If you're planning on getting a divorce, it's important to speak with an attorney based on the specific facts of your case to ensure that any reimbursement claims your husband may have are dealt with appropriately to protect you from having to over-reimburse your husband.... Read Answer

No, sale proceeds are not considered income for child support.  Indeed, they would only be taxable if there were capital gains.   This is the definition in the PA domestic relations statute. https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=43&sctn=2&subsctn=0 I trust this answers your questions, but do not hesitate to call or email on a free initial basis.      Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

There are several things you can do to find the best lawyer for you, besides looking on Google: 1.  Ask trust friends and family who they used or who someone they know used, liked and trusted. 2.  Contact the local bar association and see if they have a referral service and get at least 3 attorney names to contact and interview. 3.  Interview more than one lawyer through their initial consultation process. 4.  Look up the attorney's credentials on LinkedIn and check the Supreme Court's disciplinary commission site to see if they've had any discipline in the past and what for. 5.  Go to the courthouse and watch attorneys in the courtroom.  I've gotten more than a few cases by having someone come up to me after a hearing and asking for a consultation because they saw me represent a client in court. 6.  When doing onine research, look for number of years in practice, if they do only family law and specialization credentials like "certified family law specialist".  Additional qualifications like a registered mediator, collaboratively trained lawyer, and/or guardian ad litem/GAL/CASA will tell you they have skills related to family law and finding solutions outside of court. 7.  Trust your gut.  Even the "best" lawyer in someone else's opinion may not be the lawyer for you.  Every lawyer has their own style and you may want different things than the person who recommended the lawyer wanted.  If it does not feel right, move on.   Good luck!... Read Answer

The new agreement takes the place of the old agreement as long as it covers all the provisions required in an order. A final order modifying the old order needs to be drafted based on the Mediated Settlement Agreement. Sometimes, the provisions of a previous order are still in affect if they are not modified by the new order. However, in this case, the provisions for no child support would replace the previous child support order. (Be aware that in some counties, the attorney general will contest this type of order if the child is on Medicaid.)... Read Answer

You need to know whether you're the father or not before you consider child support issues. In Texas, when determining child support, the court would want to know if you had reason to know that you were the father or if you had no idea you were the father. Since it's been so long, it's not likely that you would have to pay child support for 10 years of the child's life. You should also find out if the mother told some other man that he was the father and if the child knows that man as the father. If you are the father, requesting to terminate your rights is not a good idea unless there is another man who has been acting as the child's father. The Texas Family Code contains a lot of reasons to request termination of parental rights, but avoiding child support is not one of them.... Read Answer

Unfortunately, it is common for the noncustodial parent to seek a 50/50 schedule with the goal of paying no child support. If the coparenting relationship is not good and if the dad does not already exercise his full possession time and ask for more time, it is not likely that he will get a 50/50 schedule ordered by the court. If a parent is not already super active in the children's lives, the court generally sees the request for 50/50 as a ploy to get out of paying child support. Also, a court could order a 50/50 schedule and still order child support to be paid. As far as your next steps, you should attend all the hearings. Your ex should file a suit for modification to be heard on his 50/50 request. However, the AG may ask you if you agree to the 50/50 schedule. If you do not agree, make sure to let the AG and the judge know that you want to keep the standard possession order in place.... Read Answer

Hi Stefani, Generally, yes. Depending on your county and your judge, if you show up at the hearing on Monday even without having filed a Motion for Continuance, the judge may just give you a continuance regardless. Obviously, if you can, it would be best to file a formal Motion for Continuance and in that Motion you would state that the purpose is to have time to retain an attorney. Please note though, that for many judges they will give you once continuance to find a lawyer, but if you haven't found one by the next hearing, they may not give you another for that purpose, so I would recommend you try to find one quickly. Best, James Ringel... Read Answer

You must comply with mandatory financial disclosure under Florida Family Law Rules of Procedure 12.285 when you are seeking to modify a Parenting Plan. (You can look up the Rule online.) Why? If the modification involves a change in the number of overnights each parent has with the child(ren), or the addition of new expenses, such as health insurance for the child, school expenses, after-school day care, etc., these will likely modify the child support amount. Since child support has to be re-calculated, financial disclosure is required. This is particularly true for requiring the production of a current (new) Family Law Financial Affidavit at the very least.... Read Answer