Skip to main content
Lynda L. Hinkle

Lynda Hinkle’s Answers

27 total

  • My daughter went to stay with a cousin of mine for 3 weeks and now she trying to file a petition for custody of my daughter but

    Being that there is no papers filled court date or hearing I can still go pick her up? She lives in pa i live I'm nj

    Lynda’s Answer

    You need to discuss all the details with an attorney but do not sit on your rights here. The longer you delay the more difficulty you may experience in regaining custody.

    See question 
  • Will I still receive child support for my 18 year old son?

    Hi. My son will be turning 18 in October and I was wondering if I will still be able to get child support for him. He will be living at home and attending college full time. If so, what steps would need to be taking, if any. Thanks in advance.

    Lynda’s Answer

    Child support AND college contribution may also be required, but you should discuss this with an attorney so you can make sure you are getting all you are entitled to for your son.

    See question 
  • I have a civil restraint in place with my childrens father will it stick for me and my children

    dcpp was involved with the father that safety plan has been lifted.... the civil restraint does say to have no contact with him and to have no contact with the children until assessed by dcpp or custody. will this help in the welfare of me and my ...

    Lynda’s Answer

    If you feel threatened in any way, despite having a civil restraint you are always able to go for a temporary restraining order if you have grounds. You have not waived your right to future restraining orders for your the children if you have grounds.

    See question 
  • Visitation Issue

    My ex has visitation with our son every other weekend. During some visits my ex is working and not there for part of the day and my son is there with his step mother and half brother . Can I get an order so his father has to be there 100% of the t...

    Lynda’s Answer

    There are many factors to consider in custody and all judges view what is "the best interests of the child" differently. Revisiting the parenting time arrangement so that the child is visiting on days when your ex is available may be one option and I would hire an attorney to make a quick attempt to negotiate that first before filing a motion that may or may not work to your favor -- please get yourself in to see an attorney for a free consultation so that the totality of your situation can be reviewed.

    See question 
  • Can I receive child support?

    I recently was awarded PPR in my custody case. My son is living with me now. He lived with his mother since birth (0-13yrs). Now that he lives with me, I would like to go for support. However, the mother makes less money than I. Will I be able to...

    Lynda’s Answer

    Yes, and her income may or may not be considered as is (she may be imputed income if she is working below her potential). I recommend you seek an attorney to try to get that and other financial issues you may not have considered resolved (such as claiming on taxes, health care, etc.).

    See question 
  • Looking for an elder law attorney who can give me a free initial office consultation.

    Conflict with my sibling about care for my elderly parent

    Lynda’s Answer

    Although I am not in your area I disagree that all elder law attorneys require paid consults.

    See question 
  • Do I have to get divorce because my husband always watch the tv porn?

    I got cable bills and I found out that my husband always watched the tv porn when I slept. I did talked to him about this and he said very sorry and will not to do it again. But next month I got cable bills and same thing. I m tired of him a...

    Lynda’s Answer

    If you would LIKE a divorce, you can get one. Or you can leave him and not get a divorce. Or you can go to counseling with him and try to work it out.

    That's up to you. But if you WANT a divorce, go talk to a lawyer about preparing yourself for it.

    See question 
  • This is complicated, my niece has temporary custody of her brother. Their mother died 5 yrs ago. Can she relinquish it?

    My niece & nephews mom died 5 yrs ago. I (aunt) took them in at that time. I have legal guardianship over him. I had to give him up because his behavior was too much for me. And i had to have brain surgery & not able to take care of him to th...

    Lynda’s Answer

    Yes, but is there someone in the family willing to take the child? Temporary custody could be reassigned by consent.

    See question 
  • Who polices the executor of the will? I have a sister that has ignored requests for receipts and we feel that she is imbezzling?

    Mom died 2013. My sister (the exectutor) disbursed the majority of the money in the trust - with the exception of "approx 10 thousand dollars." She stated this would be her cushion for any bills that would arise as she handled my mothers finances....

    Lynda’s Answer

    Litigation to compel an accounting can be drawn out, but well worth it if there are assets greater than $20k expected per beneficiary. Call an attorney and get it filed right away before the bleeding gets worse.

    See question 
  • Do I have to state the "real" reason for divorce if it's an "uncontested" divorce?

    The reason for our marital issues is continual sexual addiction which has destroyed our relationship. I don't think it's necessary to put that on legal documents as I don't want to sabotage his future. What is the recommend reason I should state...

    Lynda’s Answer

    It is not necessary to disclose the reasons for divorce, and in fact many judges want to focus only on the children and equitable distribution. However, these reasons can be important in dealing with custody matters, which you don't say are at issue here. I would discuss with an attorney

    See question