Caroline L. Vodzak’s Answers

Caroline L. Vodzak

South Park Child Custody Lawyer.

Contributor Level 7
  1. I live in Pa, my husband declaired that he wanted a divorse in Oct 12' but didn't want the separation till Nov 12'.

    Answered over 1 year ago.

    1. Caroline L. Vodzak
    2. Cindy Lee Villanella Pieret
    3. Timothy P. Flynn
    3 lawyer answers

    There is no “legal separation” in Pennsylvania. Separation occurs when spouses cease living as husband and wife, even if they reside in the same house. An intention to dissolve the marriage must be clearly communicated, and when there is a disagreement about the date, and that date is an issue, a court may examine a number of factors, such as whether the parties slept in the same room and led separate lives. If both parties consent to divorce, they do not need to wait two years.

    3 lawyers agreed with this answer

  2. Do grandparents and sibblings have visitation rights in the stae of Pa?

    Answered over 1 year ago.

    1. Jeffrey B. Engle
    2. Caroline L. Vodzak
    3. Robert L. Sharpe Jr.
    3 lawyer answers

    In Pennsylvania, grandparents may file for partial physical custody or supervised physical custody when the parents have been separated for at least six months or have commenced and continued a divorce proceeding. Grandparents may also file for any form of physical and/or legal custody if their relationship with the child began with the parent’s consent or by court order, they are willing to assume responsibility for the child, and the child is substantially at risk because of parental abuse,...

    2 lawyers agreed with this answer

  3. I left my husband. can he get me for abandonment? how long before i have to file for legal separation? does he get everything?

    Answered over 1 year ago.

    1. Caroline L. Vodzak
    1 lawyer answer

    I am sorry about your situation. There is no "legal separation" in Pennsylvania, and therefore nothing to file. Pennsylvania is a "no fault" divorce state, but one may choose to proceed on fault grounds in certain circumstances. For abandonment, a person would need to prove that his spouse's leaving was "willful and malicious" and "without reasonable cause," that he suffered injury from this, and that the spouse was absent for one year or longer. That doesn't necessarily sound like the facts as...

    2 lawyers agreed with this answer

  4. How do i insure my husband get custody of my son if i die? anyway around bio disabled dad not wanting to give up rights?

    Answered over 1 year ago.

    1. Caroline L. Vodzak
    2. Tracy Marie Sheffer
    3. Lawrence John Gibney Jr.
    3 lawyer answers

    In Pennsylvania, a person's parental rights may be involuntarily terminated by the court if he refuses to relinquish his rights and certain conditions are met. First, there needs to be a person intending to adopt and there must be grounds for such a termination. Several grounds are listed in the statute, 23 Pa.C.S. § 2511 (a), but two of them are: 1. The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a...

    2 lawyers agreed with this answer

  5. How long will take my divorce if my husband will not sign the papers;he is in prison now.

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Brian Edward Sipe
    3. Caroline L. Vodzak
    4. Eric Michael Gibson
    4 lawyer answers

    If a spouse does not consent, a two-year wait from the time of separation is required. But a spouse may pursue a divorce on "fault" grounds. There are several listed in the Pennsylvania statute, one of which is that the spouse was sentenced to imprisonment for a term of two or more years after conviction of a crime. 23 Pa.C.S. § 3301(a)(5).

    1 lawyer agreed with this answer

  6. How many months or years does a parent a have to be absent form the childs life before the parent's rights are terminated?

    Answered over 1 year ago.

    1. Caroline L. Vodzak
    2. Bradley Joseph Osborne
    2 lawyer answers

    In Pennsylvania, a person's parental rights cannot be terminated (or voluntarily relinquished) if there is not a person intending to adopt. If there is an anticipated adoption, a person's parental rights may be involuntarily terminated by the court. Several grounds are listed in the statute, 23 Pa.C.S. § 2511 (a), but two of them are: 1. The parent by conduct continuing for a period of at least **six months** immediately preceding the filing of the petition either has evidenced a settled...

  7. Can the state of pa terminate my childs fathers rights.

    Answered over 3 years ago.

    1. Caroline L. Vodzak
    1 lawyer answer

    I completely understand your situation, but unfortunately, no. The sole purpose of termination of parental rights is to remove obstacles to permit an adoption to take place.

  8. My husband wants to adopt my 8yr old her father has never been in her life what steps do we need to take? we have no clue

    Answered over 3 years ago.

    1. Caroline L. Vodzak
    2. Heather Renee Dyer Johnston
    2 lawyer answers

    Your post indicates that you have “no clue” as to how to complete an adoption and are seeking step-by-step instructions and legal advice from professionals so that you can do it yourself without paying a lawyer, unless you deem it is necessary. Adoption is not a simple process and involves documents and court hearings. It is clear that you understand that problems can result from your handling the matter alone. I hesitate stating the obvious when responding to posts such as this, but: You...

  9. If a mother voluntarily terminates her parental rights and has no contact with the child for four years, can she get visitation?

    Answered over 3 years ago.

    1. Caroline L. Vodzak
    1 lawyer answer

    In Pennsylvania, a natural parent cannot voluntarily relinquish his rights and obligations to his child -- unless there is an intent to adopt. The sole purpose of termination of parental rights is to remove any block to a potential adoption. The voluntary termination process is done through the courts. If this was in fact done, the absent parent would have no visitation rights.

  10. How would my sister go about signing her rights to her daughter over to me and my husband?

    Answered over 3 years ago.

    1. Caroline L. Vodzak
    2. David Everett Cook
    2 lawyer answers

    "Sign over her rights" suggests that what you are seeking may not necessarily be custody, but adoption of this child. Relatives can adopt, and the natural mother can voluntarily relinquish her parental rights to her child. Of course, the natural father's rights must also be terminated in order for the adoption to proceed. This can be by voluntary relinquishment or involuntary termination. Searching online for "relative adoption" in Pennsylvania can lead to some basic information on how...