Jeffrey Pollock's Answers

Jeffrey Pollock
Pittsburgh Family Law Attorney.
Contributor Level 9

2

Attorney answers:

  1. Jeffrey Pollock
  2. April Marie Townsend

Even though first right of refusal is not in the custody order, should the custodial parent ask me to care for our child first?

Asked by a user in Philadelphia, PA - 12 months ago.

What you describe is extremely disappointing -- but it is not unlawful or contemptuous since no violation of a court order occurred. In a case where good communication existed or the parties were using a Mediator or Collaboratively trained counsel, then revisiting this unfortunate oversight would be simple. As it is, if a phone call and/or letter does not get the response you seek, then I would suggest that you pursue a Petition for Modification.

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3

Attorney answers:

  1. Christopher Barrett Fay
  2. Ashley Lauren Folio
  3. Jeffrey Pollock

Looking to move out of Pa to Nc and would like to know if the father can stop me.

Asked by a user in Monroeville, PA - 2 months ago.

As the other lawyers advised, you want to take the initiative to file the Petition to Relocate and give notice, so that if the Father does not respond, then you can safely move. The new Relocation Statute is only 14 months old and there is little case law on it, so make sure to retain qualified counsel to represent you.

1 lawyer agreed with this answer

2

Attorney answers:

  1. Christopher Edward Ezold
  2. Jeffrey Pollock

Can my employer hold me to a contract after it expires?

Asked by a user in Coraopolis, PA - 2 months ago.

Employment Contracts are rare, esp. in an At-Will Employment State like PA. Having said that, if you fulfilled the Contract and its term has expired, then you should no longer be bound unless the Agreement provides for an automatic renewal if the Employer chooses such.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Jeffrey Pollock
  2. Christopher Barrett Fay
  3. Gregory P. LaMonaca

Is there a law against two siblings different genders sharing a room in pennsylvania

Asked by a user in Mckeesport, PA - 2 months ago.

First, there is no statute of wwhich I am aware on this issue. Second, the issue would be case specific given the respective ages and genders and maturity of the children. Third, one should also consider the financial and space resources available for separate rooms. Finally, you stated that you have a 4 y.o. boy & a 3 y.o boy, then they have the SAME gender anyway.

1 lawyer agreed with this answer

2

Attorney answers:

  1. Jeffrey Pollock
  2. Michael Bruce Greenstein

If Ex is in contempt of divorce agreement what can I do? There are many issues in the agreement that he refuses to do.

Asked by a user in Pittsburgh, PA - 9 months ago.

Typically, your Marriage Settlement Agreement would include provisions on what to do in the case of a spouse's breach of its terms. Normally, you would file something like a Petition to Enforce the Agreement and Hold Ex-Husband in Contempt. The court would schedule a hearing to determine what happened, what the remedy should be, and whether to sanction the breaching party (incl. whwether he should reimburse your attorney fees, etc.). The first thing to do is rwad your Agreement carefully.

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2

Attorney answers:

  1. Jeffrey Pollock

How do i enforce my visitation court order?

Asked by a user in Columbia Cross Roads, PA - over 3 years ago.

The implicit assumption in your question is that your court order entitles you in writing to some Partial Custody and/or Visitation. With that in mind, file a Petition for Enforcement of the Court Order and/or Contempt to request a hearing for you to testify as to what has or has not transpired as to your seeing your child. The Judge will hear all of the relevant witnesses and decide what should be done and whether or not to sanction your mother for not abiding by his/her Custody Order,...

1 person marked this answer as helpful

2

Attorney answers:

  1. Jeffrey Pollock

How do i enforce my visitation court order?

Asked by a user in Columbia Cross Roads, PA - over 3 years ago.

The implicit assumption in your question is that your court order entitles you in writing to some Partial Custody and/or Visitation. With that in mind, file a Petition for Enforcement of the Court Order and/or Contempt to request a hearing for you to testify as to what has or has not transpired as to your seeing your child. The Judge will hear all of the relevant witnesses and decide what should be done and whether or not to sanction your mother for not abiding by his/her Custody Order,...

1 person marked this answer as helpful

6

Attorney answers:

  1. William Leigh Wilson
  2. Elaine Terry Silver
  3. Jeffrey Pollock
  4. Erasmo John Compatore
  5. Nancy Nellor Retsinas
  6. ···

If my 9 year old daughter does not want to visit her father do I need to make her go

Asked by a user in Greenfield, IN - over 3 years ago.

If it is in your child's best interest to maintain a relationship with both of her parents -- and it requires her to go in the court order based upon an agreement or a judge's decision -- then just as you would require her to look both ways crossing the street and go to school daily and not eat anything harmful and do her homework, etc., then YES, you must make her go because both of you must follow rules even if you do not always like them. Do not help in alienating your daughter from her father.

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3

Attorney answers:

  1. Adam D. Zucker
  2. Ellis B. Klein
  3. Jeffrey Pollock

Theft by deception

Asked by a user in Allentown, PA - 2 months ago.

If you misrepresented your purchase from a gas station, for example, then its owner may report you to the police, after which the Commonwealth of PA could prosecute you to get restitution, probation, incarceration, etc. Make sure to hire experienced criminal defense counsel.

2

Attorney answers:

  1. Christopher Barrett Fay
  2. Jeffrey Pollock

Can someone lose custody for getting an excessive speeding ticket with her daughter in the car?

Asked by a user in Allentown, PA - 2 months ago.

Taken in conjunction with myriad other considerations, yes, the occurrence of such criminal and/or Summary Offense infractions would be relevant to assessing the deservingness/best interest issues involved in custody. It would be unlikely that the above offenses would prevent a parent from being limited to mere Supervised Visitation.