Pennsylvania Family Legal Questions

You should start by filing a spousal support action against her.  Then, you should seek counsel.  You should not sign any papers without having them reviewed by an attorney.  Once you sign, you can not have the case re-opened later.  It would be a final dissolution of the marriage and the financial aspects of it.  You may be able to find an attorney who will represent you with the expectation that they would be able to be paid out of money you receive from your wife through a fair settlement.... Read More

I think it would be helpful for you to have an attorney; however, the law recently changed to include language which (if asked by either parent) requires the court to do an evaluation of a parent if they have a criminal record including the charges like those you've mentioned, before they can decide custody.  They need to determine if the parent is safe to be around the child(ren).... Read More

It can and proving that you've been making the payments will be difficult.  You could sue him for the car or for the payments you've made if he takes it, but in order to get the car, you'd have to be able to refinance it in your name.  No court is going to allow you to keep driving a car that's in his name.  He faces liability for it and your use of it.... Read More

I'm not sure what you are asking.  I assume he is on the birth certificate.  That should be enough of an establishment of paternity for S.S.  If you don't have that, you will need to apply for another one.  If he is not listed on the birth certificate, ask S.S. what they will accept and how to go about getting it.... Read More

This is a civil case, not a family law case, but I don't believe you need to file anything.  If he appealed, then it is going to the higher court and will (likely) be scheduled for an arbitration due to the low amount of the award.  Anything under $50,000 if supposed to be heard in arbitration first.  In my local counties, this is a panel of three attorneys from the local bar.  Check with your county prothonotary, or the office of the District Justice who first heard the case.  They should be able to tell you how they handle an appeal from the district justice's ruling. ... Read More

Your friend needs to get a custody case going, be it with or without a lawyer.  At present, neither party has any obligation to allow the other to have the children, so he could refuse to return them at any time and she can refuse to give them at any time.  The best thing for them to do, if they are able, is to sit down and discuss what is in the best interest of their son and try to come up with an agreement that works for them all.  Their son will adjust.  Kids are flexible.  Personally, I don't like an every other night schedule for the reasons you mention, but there are many other options for a shared custody schedule that make things easier on everyone, especially the child.... Read More

I suggest you contact Domestic Relations in Lehigh County and ask them for an accounting and for a hearing to ask for it to be vacated.  I doubt you have a case for a lawsuit against them and the amount of your arrears is less than it would cost you to get an attorney to take it on.  Good luck.... Read More

It is likely a scrivener's error, which does not invalidate the marriage.  Given that you intended to marry, have remained married and held yourself out as a married couple, no court is going to say that you aren't married because your name was typed incorrectly on the marriage certificate.... Read More

I suggest you contact your local Mental Health agency.  They may be able to help you with this, but keep in mind that the guardianship statute requires that the person be found incapable of making decisions.  It is not just that they are making bad decisions.  People are allowed to do harm to themselves, as long as they are capable of taking in information, processing it and able to choose from that information the path they wish to take.  Under any circumstance, you are going to need a doctor to testify that your sister is incapacitated, and that may be the hardest part, unless she ends up being hospitalized or part of the criminal system.  I wish you luck.... Read More

File for custody now.  At her age, the court will listen seriously to her wishes, and her father's deployment makes it obvious that she can't be with him at present.  Hopefully, you have her enrolled in your school district. Judges don't like to move kids during the school year, so that would also be in your favor.... Read More

Your grandson is in counseling, so that's a big step in the right direction.  I would hope that everyone is making it clear to him that he can tell his counselor anything and that he should feel safe in his/her office.  Keep in mind that children sometimes don't know sexual touch from non-sexual touch and, if anything happened, it could have been innocent.  We live in a paranoid world, and sometimes these things happen, but probably more often than not, we see abuse where there is none.... Read More