Pennsylvania Family Legal Questions

Legal custody is unrelated to physical custody or visitation.  Rather, it is the right of both parents to make crucial decisions regarding the child’s life such as religion and major medical care.  The PFA governs your rights and, if it does not provide an exception for various child performances, etc., attending could be determined a violation of the PFA.  If the PFA allows for contact regarding child custody matters, I advise contacting the custodial parent and making sure he is okay with it so he doesn’t have reason to pursue a violation.  Keep a record such as texts of your exchanges.    I trust this answers your questions, but you are welcome 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

It is fundamental law in PA that a parent cannot bargain a child’s rights away.  Accordingly, a parent can never permanently waive child support.  There are 2 ways to approach the property settlement agreement.  Your ex-wife may argue that the provision waiving support is unenforceable as against public policy.  The agreement likely contains a clause noting that, if any one provision is held unenforceable, the balance of the agreement will nonetheless be enforced. You or your attorney may argue that she breached the agreement, even if unenforceable, so that she is liable for damages.  But there is no question she may pursue support. 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

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

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

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

Your grandson needs to file an action for paternity and request a DNA test be done on the mom himself and the child. If the results come back positive, he can make a motion for visitation rights or joint custody and she will make a motion for him to pay child support. He can also request that the court order that the birth certificate of his child be amended so that the child's surname will be his surname. ... Read Answer

As long as you’ve resided in PA for 6 months, you can file for divorce here.  Once a divorce complaint is filed, you will need to serve her with a copy.  Accordingly, you must have her address to be able to proceed. Regarding custody, it does not seem as if she is interested in it, so there is no practical need to obtain a custody order.  Having said that, if she will agree, you can also file a complaint for custody, or include it with the divorce, and an agreement can be filed to obtain a court order. I trust this answers your questions, and if you live in Southeastern PA, 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

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

Grandparent custody is a complicated process.  It is definitely possible to accomplish this and have the court award you custody, but you have to proceed very carefully and follow all the rules and requirements of the law.   Court cases are always started by filing a Complaint for Custody with the court in your county.  Each county has different procedures about what happens after the Complaint is filed.  Each County may even have differing requirements about what you have to say in your Complaint.  You should talk to an experienced family court lawyer before you start the process. Even if you don't hire the lawyer, their advice on how to get started is worth whatever consultation fee they charge. Best of luck.  ... Read Answer

If there was a written Settlement Agreement,  you'd have to read it to know what rights each of them had concerning the house.  If there is no written Settlement Agreement, then you'd have to look at the deed to the house to see if there are any special rights either party has concerning the house.  Without knowing what those documents say, it's hard to know what rights the ex-wife may have.... Read Answer

In joint custody, if and when parents can not agree to something, they have the possibility to try mediation and or court to make the decision for the best interest of the child. You will need to understand why the other parent is not willing to agree and propose your reasons for why your daughter wants to register the child in this district. You can expect to spend about $500 - $2,000 in a case like this. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

Will you win full custody based on what you have stated so far? Most likely yes, however, it's not about what or how many facts you have to win a case. It's how the facts are presented and how cooperative you and the other party is. If you desire to have full custody of the child than you should consider hiring one of the best, competent and aggressive attorneys available. Otherwise, you will get what every and any lawyer will get you, joint custody with visitation. I can advice certain ways to expedite the process for full custody but that should be an attorney-client conversation. Also,  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. Custody cases are not cheap and simple joint-custody cases start at $3,000.00 and petition for full custody start at $7,000. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read Answer

Hello, to start, you have a winning case. It's just a matter of selecting a competent child custody lawyer that will be able to argue and demonstrate to the court that what you are asking for will be in the best interest of the child. You should consult an attorney directly to see the possible options and get a detailed analysis of the situation. We will have to modify the court order like it was modified last time where the change occurred. However, we want to modify it in such a way that next time, the court would most likely not honor the modification unless it's in our favor. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Pennsylvania. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Pennsylvania.... Read Answer

It is important to memorialize the new agreement between you for custody by modifying the custody order, so that there are no misunderstandings between you as to what was agreed upon.  This can be accomplished by a consent order setting forth the terms which have been changed from the original order, and then presenting it to the court to be signed.  The Order must then be filed in the appropriate county office.   Whether you still owe a duty of support for the child in your ex's custody will depend on each of your incomes.  In addition, there are nuances regarding how many overnights the child spends with the payor parent which may result in deviation from the child support guidelines as well. At a support hearing, the court would look at your custody order, review and analyze your income as well as your ex's income, and determine the support obligation you each owed the other for support of the child in your custody.    ... Read Answer

you need to see a lawyer.  there are lots of different kinds of hearings that could be scheduled, and without knowing anything about it i can't give you any advice.  but don't wait and just walk into court unprepared on 3/28.  act right away, and make sure that you contact a lawyer who spends a lot of time in family court - not a corporate lawyer, or a criminal lawyer or any other kind of lawyer. good luck.... Read Answer

there are formal and informal ways of trying to enforce a legal document.  for example, you could ask the attorney who drew it up to write a letter on your behalf, requesting that your ex comply and telling your ex that if he does not, then a lawsuit will be filed.  or you could simply file an action in the correct court to enforce the document.   there may be other enforcement methods also available. without knowing what kind of a document it is, i can't give you a more specific answer.... Read Answer

dad can try and stop you from moving with your daughter.  he can ask the court to schedule a relocation hearing and then it would be up to the court to decide whether your daughter can go  with you to florida.  you should talk to a family law laywer in the PA county where you live BEFORE you move.  ... Read Answer