Pennsylvania Family Legal Questions

50/50 custody does not mean there is no support.  It depends on your incomes.  If she is not working, but can, she will likely be assessed an income based on her prior earning experience and/or her education and training.  If, once Domestic Relations figures out what her income should be, you still earn more, you will likely be paying support for the children, but you should get credit for the insurance you are paying, as well as a deviation for having them half the time.... Read More

If you and your fiance agree not to have them involved, the only way for them to become involved would be for them to seek court intervention.  They likely would not have standing to pursue such a matter.  If you and your fiance do not agree on this, you need help a lawyer can not provide.... Read More

As far as I know, you can't.  It seems that the phone companies do not keep a record of what is transmitted by text, but check with your carrier.  If they do keep them, and the phone contract is in your name, you could request the records.  If not, you would need to subpoena their records.  If you have this kind of trust issue with your wife, I would recommend counseling to work through it.  If you are thinking divorce, you should consult with an attorney in your area, who will likely tell you that whether she's been cheating or not, there is not much impact on a divorce, except possibly in the support arena.  Good luck.... Read More

Doubtful.  A healthy child may not need yearly check-ups, but if there is a medical issue that is not being treated, that could be neglect.  Also, public schools often provide this service when parents don't.  You can always call your county Children and Youth to make a report if you're concerned that a child (or yourself) is not being properly cared for.... Read More

You should contact a lawyer near where your sister lives, if it is in a different place.  If there has not been an adoption, legally you have the right to simply go take your son back; however, this is not likely in his best interest, given that you have not been parenting him for his infancy.  If you can not get your sister to agree to a a planned return to your care, you should start a custody action and ask to have a plan put in place to have him eventually returned.  Be prepared to have this take some time and also for the possibility of other services in place to make sure that you are not going to abandon your child again.  Because your sister has been acting as his parent, she would also have the right to ask the court to give her custody and/or terminate your rights, since you have not been involved.  You really need to speak to a lawyer and soon.  There are far too many issues to fully meet your needs on this forum.... Read More

The proceeds from your home can be split up any way the two of you agree.  That said, you should consult with an attorney.  Since you owned the home prior to marriage, it's possible that under the law of equitable distribution that you should get more from it in a divorce distribution.  I'm guessing that you have other assets and/or marital debt as well.  You should go over all of it with an attorney to make sure you are protecting your claims to those as well and to assess how the sale of the home will impact those other financial matters if and when you do decide to move forward with a divorce.... Read More

The fact that your child lives with you means that you have custody, but, from the information you've given here, I don't believe that you have a court order where the court has granted you custody.  Without one, that means that both you and your son's father both have equal rights to him.  If his father should decide to walk out the door with him and take him to Ohio, you have no legal claim to stop him at that time.  You would have to go to court and seek a court order to have your son returned to you.  In the same respect, his father is dependent upon you to allow visitation.  Should you stop, he would have to get a court order to allow it.  It makes sense in nearly every situation where the parents do not live together to have a court order which spells out who has custody.  This protects everyone's interest.  You should consult an attorney in your area to discuss the specifics. ... Read More

You need to file a Petition to hold her in contempt.  There will likely be a hearing thereafter.  All that said, it is difficult to force a parent to act like one, if they are not.  I would suggest you contact an attorney to file for primary custody, since that is what is happening.  Then file with Domestic Relations to have the support changed.... Read More

If you did not have a Property Settlement Agreement and a special order which gives you part of his pension prior to the divorce being entered, the answer is likely no.  It would seem you waived your rights to his pension if you did not protect this right beforehand.  If you had a lawyer representing you at the time, you should consult with them on this issue.... Read More

Yes, you have to wait until the child is born.  Then you would have to file for custody with your local court.  You should consult with an attorney regarding your situation as custody is often a complex issue and an answer here would not be enough to properly inform you of your rights and responsibilities, as well as the particularly process in your county.  There are many attorneys who offer free consultations.  Go meet with one.... Read More