Pennsylvania Family Legal Questions

It would seem you need a magic wand.  Unfortunately, the law isn't one.  Without an agreement, your only option would be to evict her and seek custody of the children.  You can't control what she does and the court will only be able to do so much to stop her manipulation, etc.  See an attorney and see one soon.... Read More

How long has the child been under the impression that Mother's husband is his natural father? How long have you been out of this child's life? Mother can argue that you have abandoned this child, and go to court to eliminate any rights you may think you have for visitation. If you wish to fulfill the role of a father you must immediately petition the court for custody and/or visitation rights by filing a Complaint for Custody.  In addition, the law has recently changed to allow you to file for child support if you wish to contribute financially to this child's welfare, and the Domestic Relations section of your court can arrange a low-cost DNA test to establish your paternity.... Read More

Can he get on trouble? Probably. How long do you think it will take until there is sexual activity? Even without sexual contact, he still runs the risk of "contributing to the delinquency of a minor" (which is a crime) if someone accuses him of supplying or enabling the young girl to have access to cigarettes or alcohol.  ... Read More

You have not stated what relation you are to the child and whether you have any legal standing or parental rights in this matter to begin with, or whether you and the child have had an ongoing relationship in the recent past. That would be important to know. If the biological father has sole legal and physical custody, then yes, he likely has the right to allow the child to relocate without your authorization. But I don't believe father does have sole custody rights. And, even if that is so, that doesn't mean you are unable to seek relief in court to maintain your continued contacts with the child, assuming you have had continued contact with the child in the recent past. If you want to renew or obtain any visitation or other rights to the child, or continue to have a relationship with the child, you should act before the child has been in New York for six (6) months, at which time Pennsylvania courts may lose jurisdiction and you may have to litigate in New York State.  As I stated above, it is unclear to me why the child is in a foster home when, as you suspect, the biological father has legal and physical rights. More likely the child has been declared dependent and an agency has legal custody rights, not the biological father.      ... Read More

You have a difficult situation here.  Without knowing the allegations, I can't tell you what may or may not happen.  You should really seek out an attorney to help you with this.  Often, these things depend on the demeanor of the judge and a local attorney who's experienced with these kind of cases will know the ins and outs.  Your 9 year old may be able to testify.  You can't file a counteraction for damages, because you haven't been sued for damages.... Read More

While I hate to disagree with another attorney, I think you're going to be out of luck if you have a signed agreement in PA.  Certainly you can try to have it reopened if you were not aware of his income or there was some deception, but usually whatever changes occur after the divorce is final is not considered a marital asset.  I agree, however, that it would be worth discussing with a family law attorney to go over all the details.... Read More

You need to open an estate at the county in which she lived, and be appointed as administrator of her estate.   The Register of Wills will help you through this. You will get documents that will allow you to close out the bank account.  There are requirements as to what happens to the money, so you should probably consult an attorney, so that you don't do something contrary to what's required.... Read More

You can get plenty of legal documents on the internet.  Whether they conform to your state and county can not be determined unless you check it against the rules that pertain to your jurisdiction.  Having something notarized does not make it binding before the courts, unless it conforms and is filed with the court.  In order to file such a document with the court, you would first need to initiate some sort of action, be it custody or a civil case.... Read More

The legislature changed the law a little over a year ago and it allows you to get a custody order in place while the two of you are still living together.  That way, if and when you move out, your rights will be protected.  If you have been the stay-at-home caretaker, it's likely that that would continue and you would be able to get child support from the mother of your child.  ... Read More

I think and I believe the courts would agree with me that it is highly inappropriate.  I hope that you have already discussed it with the child's mother and told her to stop it. If she won't on her own, I suggest you either contact your local Children & Youth services and/or file a custody action (or modification) to get the court to order that this behavior cease.... Read More