Family Legal Questions

Unfortunately, in cases with DSS,  parents, and relatives are usually at a disadvantage.  DSS has a myriad of resources and often makes decisions that may negatively impact the interest of the family.  It is critical that you contact DSS and let them know that you are interested in adoption if that is an option.  The law requires that DSS try to rehabilitate the parent or correct the problem before terminating parental rights.  If they are seeking to terminate the rights of the parent(s), this may suggest that the case has been going on for more than 6 months.  If this is the case, you may wish to file a custody petition, which will give you a legal basis to contest the actions of DSS. If you do not have a petition pending, you do not have standing or the right to challenge the actions of DSS. The nature of these cases is too complex to discuss in a blog.  I suggest that you invest in meeting with a family lawyer to discuss this matter in greater detail. Lawyers charge by the hour for consultations, so please be prepared to discuss fees upfront to avoid misunderstandings.  Finally, you need to act quickly to avoid losing the right to intervene in the case.   You are facing an uphill battle but the outcome will hinge on the law, as applied to the facts in your case.  Best of luck~... Read Answer

In the absence of any court order, the parents of children have full joint legal and physical custody and no law prohibits anyone from crossing a state line -- as opposed to "relocating" with them to osome other jurisdiction.  For an explanation, see the information posted on our Child Custody page, posted here.  You really should consult with a family law specialist in this or some other family law firm, however, to avoid what appers to be escalating conflict.... Read Answer

Dear Anonymous,    In a long term marriage, the marital estate is typically divided equally. If your home life is unbearable, your first step should be to determine what you need to do to make life at home pleasant. This may mean moving out or asking your spouse to move out.  You should contact several divorce attorneys to help you find one that is a good fit for your individual needs. ... Read Answer

A case can only be withdrawn by the Plaintiff.  If you didn’t file the case, you cannot withdraw it.  I would be happy to review your situation in greater detail so feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Short version is that it does not really work that way, but a large part of the equation is what you wish to happen going forward, on several issues. For background information, I urge you to review the information and materials on our Termination of Parental Rights page (under the Child Custody/Support tab), posted here, and the Child Custody and Child Support pages, and then call and discuss with one of the lawyers in this office or of some other family law specialist firm to go over the effects of a relinquishment, or a formal Termination of Parental rights, and what those things do and will mean to you and your son.  Agree to nothing, and sign nothing, until you are completely sure of what you are doing, and why.  ... Read Answer

Short answer yes, sort of.  Presuming this is a private pension governed by ERISA, the law gives the plan up to 18 months to respond to inquiries.  Different rules apply to state, civil service, military, etc., plans.  It is not clear whether your "QDRO lady" knows what she is doing, but you can contact the experts at QDROMasters.com, and ask any questions about administrtion and getting a correct order in place as efficiently as possible.... Read Answer

Thank you for your question. Contemplating divorce can be stressful and scary for anyone, but especially if you are in an abusive relationship. You can get advice on all manner of issues pertaining to your situation during a free consult with an experienced family law attorney. Sadly your situation happens frequently, and you have more options than you might think. Make an appointment soon, it will help a lot once you know what your options are and you can make a solid plan for your next steps.... Read Answer

Your question is one for a divorce lawyer / family law attorney.  That said, I do know that child support cannot be modified retroactively so if the circumstances have changed that will affect the amount of support being paid (it is a formula) then filing a motion to request it be modified is important to do as soon as possible.  The fact he did not have the courtesy to let you know the children were close by so you could see them is disturbing, BUT if the custody papers do not require him to let you know such things, he has legally done nothing wrong probably.... Read Answer

Good morning.  I assume your existing orders also have notice provisions.  If there are existing orders permitting you to travel with your son abroad, just be mindful to provide the mother with as much advance notice as possible, and be prepared to demonstrate your compliance with the existing COVID protocols between the countries.  ... Read Answer

Good morning.  In the family courts, there are two kinds of custody orders, temporary vs. permanent.  Temporary orders are all orders made short of trial/evidentiary hearing.  Permanent orders are made only following trial and are more difficult to modify.  However, so long as one or more minor remain under the age of 18, the faily court has continuing and exclusive jurisdiction over all custody and visitaiton issues.   Therefore, unlike a divorce, there is no true END to custody proceedings until such time that the minor(s) age out.   Unfortunatey, it sounds like the court process has been less than expedient for you.  However, the only way to truly expedite this is to notice an emergency application of some sort.  Of course, refrain from doing so unless there is an actual emergency.   My suggestion, without knowing the specifics of your case, is to consider asking the court to set a trial date at your next court appearance.... Read Answer

Thank you for the question. Issues of custody are complex. As a general matter, the rights of biological parents supersede that of any other relatives. However, there are instances where this is not necessarily the case. In your situation, I think it is important that you consult with any attorney regarding whether or not you would have standing to make an application for custody of your nephew, or if an agreement can be worked out with his father such that he would agree to allow your nephew to live with you. If your nephew's living situation rises to the level of neglect, then there are other means with which to address the situation. ... Read Answer

While you cannot gain guardianship without parental rights being voluntarily or involuntarily terminated, the parents may be willing to sign a Temporary Power of Attorney for Our Minor Child allowing you to take care of the child, take him to the doctor, enroll him in school, etc.  This can be revoked.  But once you have cared for the child for six months without either parent trying to see him, you can ask CPS to grant you custody.... Read Answer