Pennsylvania Family Legal Questions

When you are a coborrower, you should consider a bankruptcy.  Bankruptcy will show any future lenders that you could not make payments and may begin to restore your credit.  Also, you could speak to a tag and title compnay about transferring the title to him alone which will alleviate you from paying the insurance.... Read More

Credit reports, like your SSN, are always separate.  It is only if you incur joint debt, that such debt will effect both of you.  However, there is a little known, and rarely applied, provision of the Domestic Relations statute that allows creditors who provided necessities to pursue a spouse.  An example is a medical bill.  Again, it is rarely used and you should not worry about it. ... Read More

You should file a Custody Complaint as soon as possible, in your local court. Depending on circumstances, and local procedures, it may be possible to file for special relief, which would get the case heard much sooner than the normal process. An attorney who practices in your county could advise you about this.... Read More

There is also an issue as to whether mother and father are together.  If the parents have separated and have been separated for 6 months or more, or have started divorce proceedings, she may be able to get "some" custody.  Typically, a court may give grandparents an overnight or two or maybe a weekend a month in a "normal" situation.  If there are significant safety concerns, it may only be supervised custody, if anything.  However, if the parents are still together, she does not have the ability to seek any form of custody, even visitation.     If, however, your question is whether she could get primary custody or majority custody, that is doubtful if her only complaint is that you do not allow her to see the children.... Read More

There are many factors to consider, but if he makes more money than you do then you will probably be awarded spousal support.   Additional information would be necessary to fully answer your question.  I would strongly suggest that you contact an attorney in your county who regularly handles support matters to fully discuss the situation and what type of award, if any, you could be eligible to receive.... Read More

The situation you describe is not uncommon to LGBT couples whose marriages and relationships are not recognized in Pennsylvania, even if the marriage occurred in a state where they are legal.  Hopefully there will be some legal answers to your situation from the cases that are before the Supreme Court of the United States this week.  A decision about the constitutionality of the Defense of Marriage Act could impact your situation. However, I doubt that the national policy issues are what you care about.  There are many questions you have to be able to answer - such as who is the biological parent of the children?  If they are adopted, who is the adoptive parent?  Pennsylvania is not exactly in the forefront of same-sex relationships and the custody statute tends to favor biology, but there are non-parental custody situations that could be recognized by a court, particularly if the person seeking custody can argue that they were a parent to the child.  If your ex is not the biological/adoptive parent, she may have argued that given your long-term relationship, it was in the best interests of the children for her to have custody until the court had the opportunity to review the situation.  If that is the case, the court is treating you much like other parents.  Under the current custody statute, one parent may not relocate with the children without the agreement of the other parent.  Sixty days notice is required before moving the children out of the jurisdiction and a hearing may be necessary for you to get the court's permission to do it.  You do need to get an attorney who will be able to help you demonstrate to the Court that it is in the children's best interests to be with you.  Good luck.... Read More

If there is no order of court, then a parent can keep children away from the other parent. Should a parent keep children from the other parent? No, but it happens. What can you do? You can file a petition or a complaint for custody in the county court where the children reside. The court thereafter will set a hearing or conference to address the issue of custody and to provide the parents with a court ordered schedule of custody. You have a right to be represented by legal counsel of your choice at the time of the hearing or conference.  If you cannot afford to hire a lawyer you may contact the legal services agency or lawyer referral agency in the county where you are filing the action. If a parent continues to deny the other parent his or her court ordered time with the children, now that parent can be brought before the court for contempt of the order of custody and be subject to penalty by the court which may include punishments such as a fine or even up 6 mos. incarceration.  Our firm has the knowledge and experience to help solve your custody legal problem.  If you wish to discuss your custody legal problem, please call us at 570-718-4900. Angela Stevens, Esq. Pyrah Stevens, LLC Problem/Solved.... Read More

Yes.  You can sue her for the property or its value.  You would need to be able to prove that it was your money that purchased the land, and that it was not intended as a gift.  You should see an attorney who practices real estate or contract law, as this is not a "family law" matter, but a civil case.... Read More

There's not much you can do, if his rights are not terminated.  However, if you pass away, your parents, if they are still living, could file an action for custody.  Or, if you are living with someone who has been acting as a parent to your son, they, too, would have rights to seek or maintain custody.... Read More

Property in India, and/or increase in value of property in India are treated as marital property, BUT, there is no jurisdiction of U.S. courts in India, so enforcement, without cooperation of the spouse would likely prove impossible.  Increase in value after separation is not marital property.... Read More

Your rights are that of any pregnant woman.  You can abort the fetus, choose to carry it to term and either have the child adopted (you would need the father's consent or a termination of his rights by the court for this) or raise it on your own.  If you decide to keep the child, that brings new concerns regarding custody.  The father or his parents can bring a custody action against you.  If the court believes that it is in your child's best interests to not be in your primary care - usually this would mean that you are somehow unfit to parent your child - the court may give primary custody elsewhere.  I would doubt that it would be with a man who has a history of sexual assault.  Because of his criminal history, you could ask the court to do an evaluation of him to see if he would be safe around children, before he would get any unsupervised visitation.    His parents would have a difficult time obtaining primary custody.  More likely they would get regular visits if they wanted them.  But, no one can force you to place your child for adoption.  It would need to be entirely voluntary.  You really should see an attorney, if you can, for more advice.   There are many things to consider in your situation.  Many offer free consultations.... Read More

But for convenience, a custody count may be included in a divorce complaint.  So, parties don't have to have been married to have had children and custody stands on its own. Similarly, the court can put just about anything into an Order and it is common to note who claims the children as a dependant and when.... Read More

It depends which state and county has jurisdiction. I would need to know many more facts about the history-where the child was born, which parent lived where, from which state/county the orders originated from. If for some reason PA would have jurisdiction, you can petition the court for a transfer of jurisdiction. It doesn't sound good if the child lives with him and has so for some time. Review the case in person with a family lawyer.... Read More

So, whenever a parent feels that the custody order should change in the best interests of the child, they can file a Petition to Modify.  You can either hire a lawyer to help you, which is recommended, or file it yourself.  Many times, courts find a psychological evaluation helpful, but are not required to accept it.  Unfortunately, that is not inexpensive. ... Read More