Pennsylvania Family Legal Questions

Yes, he still has rights, unless you petition for the termination of those rights.  Generally, a court won't allow the termination of rights, unless there is another person willing to take over those rights, i.e, adopt the child, like a step-parent.  Your child's father would have the right to contest any termination procedure and the fact that he is in jail and can not maintain contact would be a legitimate defense.  Whether it would be successful or not would depend on many factors.... Read More

So, it is unlikely that her leaving will have any ramifications regarding her eventual divorce.  However, regarding custody, possession is 9/10s of the law.  So, if she leaves the kids with him for any length of time, that could work against her. Marital misconduct is a factor in determining alimony, but it is only 1 of 17.  It is rarely significant.  Moreover, that only applies up until the date of separation.  If she is living separate and apart under the same roof, she is already separated and leaving would then be a post separation event which cannot be considered.  It certainly is not considered in temporary alimony, known as Alimony Pendente Lite, Alimony Pending the Litigation (APL). Finally, even if he were to seek a fault divorce, which has no purpose and is an utter waste of time and money, he must be the innocent and injured spouse.  By your description, he is not. I trust that answers your question but feel free to call or e-mail on a free initial basis.  ... Read More

Yes, you can speak directly with your sisters.  The only ethics rule is for the attorney(s) involved.  An attorney can not speak with a party directly, if they have legal respiration.  However, keep in mind, that every time you speak with their attorney, instead of them, it likely costs them money.  While I don't wish to add to the contention between you, this could be a useful strategy for you.... Read More

There will be tax consequences that you should speak to your accountant about.  One thing to keep in mind is that if you are relying on Medicaid to pay for her nursing home care, they will require that it be sold at Fair Market Value and that the money be used to pay for her care in the first instance.  Also, if she passes within 5 years of the transfer, it could be considered a fraudulent transfer.... Read More

As a grandparent, PA law provides to you the right to pursue custody rights if you can prove to a Court that you have been full filling the role of parent for the child (and are what the law calls acting  "in loco parentis") OR  if your relationship with your granddaughter began with the consent of a parent AND you have assumed or are willing to assume responsibility for the child AND the child was deemed dependent by a PA Court  OR the child is at risk due to parental abuse OR the child resided with you for at least 12 consecutive months.  As a grandparent you also have a right to pursue partial physical custody if the parents of the child have separated for at least 6 ms. or an action for divorce is pending or a parent is deceased.   In the absence of one of the above circumstances you may not be able to obtain an order of Court granting to you periods of partial physical custody of your granddaughter. If you would like to discuss your circumstances in greater detail, please contact me and I would be glad to do so.  Attorney Angela Stevens Pryah Stevens, LLC 570-718-4900  ... Read More

The only people who will contest the legitimacy of your marriage is the two of you.  If you both agree that this is going to be a valid marriage, then you have little concern.  Your fiance's brother can marry you.  If, at some point in the future, one of you decides to contest the validity of the marriage, the marriage will likely hold up in court, but if you want to make 100% sure, then have a church official or a local magistrate or judge marry you as well.... Read More

Your fiance has a right to see and spend time with his son as well as to know about and be part of the decisions to be made on his behalf for matters such as education, health and religion. I suggest that your fiance file a complaint for custody in the county court where mom and the child reside. He has a right to file the complaint on his own behalf or to hire an attorney to assist him in filing the complaint.  The complaint once filed must be served on mom.  The court will schedule a hearing or conference at which time your fiance and mom will appear.  As the result of this hearing, the court will issue an order regarding both physical custody and legal custody of the child and the rights of each parent.  If you would like additional information, please call me. I would be happy to arrange a convenient time for us to further discuss your circumstances and how we may be able to help. Angela Stevens, Esq. Pyrah Stevens, LLC 570-718-4900 www.lawproblemsolved.com       ... Read More

Unfortunately, you are likely to encounter problems with the "contract" with your cousin.  Legally, the appropriate procedure would be to go through your local county Court of Common Pleas and obtain a Court Order awarding to you the right to have your cousin's doughier in your care and custody and to have the authority to make decisions on her behalf. What about the child's other parent? Does he or she consent? He or she has the right to know and have an opinion about this. I suggest that you contact a lawyer to assist through the appropriate legal procedures. I do not recommend that you try to handle this yourself. Otherwise, the local County Children and Youth Services may be knocking at your cousin's door. Certainly , not what either of you want! I have more than 10 years experience in dealing with these types of family issues. I have seen Children and Youth Service Agencies become involved with families because the appropriate legal steps are not taken. I can help. If you are interested in speaking with me further, please call me at 570-718-4900.  Thank you.   Angela Stevens, Esq. ... Read More

You have a right to be in your child's life and to see and send time with him without interference during those times that the Court has awarded to you in your Court Order. If that Order is not being followed, then you have the right to bring the child's mother back before the Court that issued the Order in an action called contempt. The Court (that issued the Order) has the right to enforce the terms of its Order and to issue any other sanctions (or punishment) that the Court deems is appropriate under the circumstances including but not limited to, perhaps, a monetary fine or incarceration. It is recommended that you keep a journal or log and document all of those dates and times when the Order of Court is not being followed and you are being denied time with your son.  It is recommended that you retain legal counsel to assist you. If you bring an action for contempt, it will require a hearing before the Court and the rules of Court shall apply. You may be at a disadvantage if you do not know or follow the rules of Court. Our firm has extensive experience in handling these types of legal problems. We would be happy to speak with you about your legal problem and how we may be able to assist you in solving your problem.  Feel free to contact our office at your convenience at 570-718-4900. Sincerely Pyrah Stevens, LLC Angela F. Stevens, Esq.     ... Read More

You should contact an attorney right away. You should take this matter seriously.  Our firm is located in Luzerne County.  If we can be of assistance to you, please call us to discuss your legal problem.     Angela Stevens, Esq. Pyrah Stevens Law Firm 570-718-4900... Read More

Yes there are grandparent rights in Pennsylvania and she may have the ability to get some visitation with the children, but the overwhelming factor in allowing any visitation is if it is in the best interest of the children.  If she takes action and you can prove that it would not be in the children's best interest to have time with her, then the judge will likely rule on your side.... Read More