Pennsylvania Family Legal Questions

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277 legal questions have been posted about family law 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 adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Family Questions & Legal Answers - Page 4
Do you have any Pennsylvania Family questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 277 previously answered Pennsylvania Family questions.

Recent Legal Answers

Visitation Rights

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You must file in the county where the children live. You can call the custody office in that county courthouse and ask for assistance in filing on your own.   This response is provided as general legal information only and does not form an attorney-client relationship.
You must file in the county where the children live. You can call the custody office in that county courthouse and ask for assistance in filing on... Read More

Alimony?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
I don't think that your entire question was posted.
I don't think that your entire question was posted.
Yes, all income counts. When you have a job (in your case the pt job) and voluntarily relinquish it, the court can hold you to the prior earnings at the support hearing. Contact a family lawyer and review the facts and all income with him or her. 
Yes, all income counts. When you have a job (in your case the pt job) and voluntarily relinquish it, the court can hold you to the prior earnings at... Read More

What happens to a marriage if one person is trans?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
To my knowledge, this is a matter of law that has never been addressed in Pennsylvania. I believe a change of gender of one of the partners would make the marriage void or voidable in the state that does not recognize same sex marriage.
To my knowledge, this is a matter of law that has never been addressed in Pennsylvania. I believe a change of gender of one of the partners would... Read More

What are the laws in pa for sharing a bedroom?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
There is no clear-cut law. If you are concerned for the child's safety, contact your local Children Youth and Families (CYF)/Children and Youth Services (CYS) and ask them to conduct a "safety check"
There is no clear-cut law. If you are concerned for the child's safety, contact your local Children Youth and Families (CYF)/Children and Youth... Read More

Intellectually Disabled Brother signed paper "retaining" lawyer

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Has he been adjudicated dependent? Do you have power of attorney? If either of those is the case, his custodian or power of attorney person can rescind the retainer. If netier of those is the case, he can sign a contract on his own.
Has he been adjudicated dependent? Do you have power of attorney? If either of those is the case, his custodian or power of attorney person can... Read More

Can I be sued for a car that I don't have?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You need to bring a petition in the court you're being sued in to add your wife as an essential party. Once you do that, defend the suit as best you can. He will have a hard time proving it was not a gift without a note or receipt.
You need to bring a petition in the court you're being sued in to add your wife as an essential party. Once you do that, defend the suit as best you... Read More

We believe that my fiance's baby momma, is on weed, and doing it around the child. How can we prove it?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
He needs to file to modify custody. At the first court appearance where the mother is present, he needs to request she be drug tested. They will test him too.
He needs to file to modify custody. At the first court appearance where the mother is present, he needs to request she be drug tested. They will test... Read More

Would I possibly have to serve jail time, and if so how long?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It sounds like simple assault at worst. Likely this is a probation case. However, you have a good case to make for self-defense.
It sounds like simple assault at worst. Likely this is a probation case. However, you have a good case to make for self-defense.

Will they take away my parental rights?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
It depends on all the facts. if it was just corporal punishment on one occasion, the court could order any or all of the following: parenting classes for you and your BF, exclude your B/F from the house until BF completes classes. If it is more than corporal punishment on one occasion, and more like ongoing physical abuse or there are other problems like domestic violence with you, drug, alcohol, deplorable housing, etc, the child could be removed and placed with family or in a shelter. Your should get a lawyer or court appointed parent advocate.... Read More
It depends on all the facts. if it was just corporal punishment on one occasion, the court could order any or all of the following: parenting classes... Read More

My broyhers wife died and she has a trust that her brother controls. He is a trust attorney. They have no children.

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The burial is usually paid out of the deceased person's estate. If she died with a trust, the trust should specify to whom the trust should go. If not, her spouse should inherit her estate is she died without a will.
The burial is usually paid out of the deceased person's estate. If she died with a trust, the trust should specify to whom the trust should go. If... Read More

at what age can a child speak for himself in ref to where he wants to live?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
Depends on the judge. Many will listen to a child that is old enough to express his or her feelings. There was case law that at age 14 the court could consider the desires of the child. 
Depends on the judge. Many will listen to a child that is old enough to express his or her feelings. There was case law that at age 14 the court... Read More

My 28yr old son is living in my house. He is back on drugs and I am told by the police that I have to give him 30 days notice to get him out

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You have to give him 15 days notice, unless he actually has a lease with you. Post it on your front door with the words "Notice to Quit" across the top. On the 16th day, go to your local magistrate and file for an eviction. Regarding his friends, no, they may not enter your home without permission. Threaten to call the police if they do not leave and then do it if they refuse to leave.... Read More
You have to give him 15 days notice, unless he actually has a lease with you. Post it on your front door with the words "Notice to Quit" across the... Read More

How many times can someone legally change his or her name?

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
There is no real limit on the number of times one may do this.
There is no real limit on the number of times one may do this.

I NEED LAWYER WHO IS AN EXPERT IN PARENT ALIENATION

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You definitely need someone to move the case forward on your behalf.
You definitely need someone to move the case forward on your behalf.

collecting past due child support

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The best way would be to petition the court in PA to reopen the case and allow Pennsylvania enforcement take it from there.
The best way would be to petition the court in PA to reopen the case and allow Pennsylvania enforcement take it from there.

What are my reasonable chances of success?

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
File for a modification of custody. Hire a lawyer who knows family law in your county. It will be money well spent.
File for a modification of custody. Hire a lawyer who knows family law in your county. It will be money well spent.

I pay child support and cant see my kids how can i get to see them knowing i pay

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
YOu need to file for custody and/or visitation, plain and simple.
YOu need to file for custody and/or visitation, plain and simple.

should I return to work?

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's difficult to answer your question without fully knowing your situation. That being said, even if you're not working, you can be assessed an earning capacity based on what you have made in the past and what you reasonably could be earning now. If you need the income, it may be advisable to return to work part-time. A full consultation with an attorney would best tell you your options, however.... Read More
It's difficult to answer your question without fully knowing your situation. That being said, even if you're not working, you can be assessed an... Read More
You probably can if he is unable to manage his own affairs. Seek the opinion of an attorney who does guardianship work in Orphan's Court.
You probably can if he is unable to manage his own affairs. Seek the opinion of an attorney who does guardianship work in Orphan's Court.

i have 50/50custody of my daughter,plus weekend visitation. my s/o won't answer my text for me to pick up my daughter, she has a pfa against me.

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
File a petition for contempt.
File a petition for contempt.

Do i owe my wife of 15months any spousal support when we have only stayed together for 4 months

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
1st, the time that you "owe" your wife spousal support starts at the time she files. If you were indeed only married and together for 4 months, an attorney could likely get the length you'll be paying limited in time.
1st, the time that you "owe" your wife spousal support starts at the time she files. If you were indeed only married and together for 4 months, an... Read More

missed doctors appointments and underweight child

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The best thing to call would be to report this immediately to your county child services office. In addition, make sure this is brought up in the hearing. Ask the judge to enter an order for a complete physical examination and report of the child be provided to the court.
The best thing to call would be to report this immediately to your county child services office. In addition, make sure this is brought up in the... Read More

Change back to my maiden name.

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you don't intend to divorce, you have to go through the name change process. Your county's prothonotary likely has a packet that you can pick up. An attorney can also handle this for you--you have to petition the court, prove to the court that you don't have any outstanding money judgments/liens against you, advertise in 2 local newspapers including your county's legal journal, and have a hearing. If all is completed, there should be no problems changing your name.... Read More
If you don't intend to divorce, you have to go through the name change process. Your county's prothonotary likely has a packet that you can pick up.... Read More

Can I file a lawsuit?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: Family
i doubt it but you could bounce if off a personal injury attorney. 
i doubt it but you could bounce if off a personal injury attorney.