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Randi Joy Silverman

Randi Silverman’s Answers

1,193 total


  • What are my rights if my wife takes our child to Russia and refuses to bring the child back.

    My wife is a Russian citizen with an American green card. I am an American citizen. Our child ( 3 years old) is an American citizen. My wife wants to get our child dual citizenship because we go to Russia every year and it will save on visa costs....

    Randi’s Answer

    I would strongly recommend that you contact an attorney in Philadelphia County who is experienced with Hague Convention and jurisdiction issues. You must act quickly!

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  • How can I set up a prenuptial agreement?

    I am engaged to be married, and we would like to set up a prenuptial agreement.

    Randi’s Answer

    In order for a Prenuptial Agreement to be valid, there must be a full and fair disclosure of assets and reasonable estimates of value. Also, there are several issues and considerations that must be discussed and agreed upon. For example, some agreements preclude the payment of all forms of spousal support and alimony if the parties separate while others do not. Estate issues must be addressed as well. I would urge each of you to retain experienced family law attorneys well before the wedding to negotiate the terms of the Agreement.

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  • Do you I need a lawyer even if Cys gave me custody of my daughter?

    My ex husband tried putting our daughter in placement (foster care) back on Halloween 2014 and Cys gave me custody of her. She's 8 and wants to stay with me, is she old enough for the courts to let her choose? Also he's done 3 times now but this i...

    Randi’s Answer

    Although the child's preference is only 1 of 16 factors that the court must consider in an award of custody, the court in Cambria County will typically place a fair amount of weight on the child's preference if the child is mature and can express good reasons for their preference. It sounds like CYS will support your efforts to retain custody of the child, so you should consider having the caseworker testify on your behalf. If there is going to be a hearing, you should retain an experienced family law attorney to represent you. Your chances of success increase significantly if you have an attorney.

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  • How do i expose a sociopath in court for custody?

    I know it may sound crazy but the other party has exhibited all of the signs. And i feel that he is very detrimental to the well being of my child but because they are master liars and emotionless and can come off as charismatic its hard forto get...

    Randi’s Answer

    You can describe the behaviors that concern you, but the best way to expose a mental or personality disorder is through expert testimony. You have the right to seek a court order forcing him to be evaluated, but you will likely have to pay for it and the costs can be substantial.

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  • Deposition for Child and Spousal Support

    I have a deposition scheduled for spousal and child support because my ex appealed my appeal for attempting to reduce the support money. She is offering a reduced dollar amount for the support to avoid the deposition. I'm understanding that these ...

    Randi’s Answer

    If you have been through court proceedings, I am assuming that you have an attorney. Therefore, you should ask his/her advice because they will be in the best position to advise you. There are several factors that need to be considered. Sometimes it is best to resolve the case by agreement because of the costs, but it will depend on whether a fair agreement can be reached. If not, you may not have a choice.

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  • I have been telling my husband to get out for 6 months, can I legally put him out. we don't own the home it belongs to my dad.

    he is a drunk but only mentally abusive, never physical

    Randi’s Answer

    It depends on whether there is a written lease and who is on the lease. If there is no written lease, your father can evict your husband with 30 days notice. Your father should speak to an attorney who handles landlord/tenant cases.

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  • In Altoona, Pa what age can a child say she doesn't want to see a parent and choose who she wants to live with.

    My child is 13 and is so afraid of her father and I cant afford a attorney but he can. She doesn't want to have to see him and I don't know how to help. Its got to the point where is tried to run away to not have to go to his house. threaten to hu...

    Randi’s Answer

    It is a common myth that there is a set age in the law when children can decide which parent that they want to live with. Under the law, the court must consider the child's preference, but it is not obligated to do as the child wishes. It is only 1 of 16 factors that the court must consIder. However, the older and more mature the child is, the more weight the court generally gives to their preference. You will need to speak with an experienced family law attorney in your area for more specific advice.

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  • Can a wife of 33 yrs..With a disability of MS collect/draw from the husbands pention at the age of 55 if he filies for divorce

    My husband of 33 yrs decided he wanted to leave our marriage,,because of being unhappy from my illnesses.I wasn't able to tend to the wifely duties..it became abusive and I had to leave our home. He refused to pay on the home,it went for short sal...

    Randi’s Answer

    There are several complicated issues that cannot be properly addressed on this site. You will need to speak to experienced family law attorney in your area who is also familiar with social security disability issues. An attorney may have been able to force your husband to pay the mortgage in order to avoid the short sale problem, so before the situation further deteriorates, you need legal advice. Concerning his pension, whether you can collect a share of his pension at 55 depends entirely on the terms of the plan in which he participates. Typically, the earliest retirement age in which a person can begin to receive benefits is age 65, but some plans provide for payments at an earlier age or after a certain number of years of service.

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  • Can I modify an old marital settlement agreement (MSA) and/or QDRO and is it in my best interest to do so?

    Our MSA is 8 years old and there has been no action on it because my Ex disagreed with the way the retirement accounts were calculated in the QDROs. In the MSA it does't state that the calculation is from date of marriage to date of separation, bu...

    Randi’s Answer

    I agree with Attorney Hilbush that you will need to consult with an experienced family law attorney as your situation is complicated and you will not likely be able to resolve this on your own. You cannot modify an MSA without her consent, so you will need to determine whether the court can intervene. It is never wise to let these problems sit for years.

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  • Is there a statue of limitations on how long u are seperated and still get half of the marrital property

    My wife left and said she is not getting a devorce

    Randi’s Answer

    No. There is no Statute of Limitations, but you can get divorced without her consent if you are separated for two years or sooner if she has committed grounds for divorce. You should speak with an experienced family law attorney for more specific advice.

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