Randi Joy Silverman’s Answers

Randi Joy Silverman

Johnstown Family Law Attorney.

Contributor Level 16
  1. How can I get temporary custody of my children from their mother when she has no permanent residence?

    Answered 10 months ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. Howard M Lewis
    4. Daniel Nelson Deasy
    4 lawyer answers

    You will need to retain an experienced family law attorney to file a custody action. If the court determines that the children are in an unhealthy environment, a temporary order awarding primary custody to you can be entered, but the court will consider a list of factors. Your chance of success will increase significantly if you have an attorney.

    7 lawyers agreed with this answer

  2. If I have been separated for 2 years and filed 2012 taxes as married filing separately is my spouse entitled to any of my refund

    Answered 10 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Jeanne B. Costopoulos
    4. John P Corrigan
    4 lawyer answers

    No. However, if you have a pending support action, your refund may be added back into your annual income which will increase your income for support purposes. It depends on the manner in which Dauphin County addresses this issue. You should consider speaking to an attorney.

    7 lawyers agreed with this answer

  3. If you obtain a divorce in the state of Pennsylvania and change your mind after it's final, can you reverse it?

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Lidia L. Alperovich
    3. Christopher Daniel Leroi
    3 lawyer answers

    No. Once the decree is final, you have 30 days to open the decree under certain conditions, but not because you've changed your mind. Also, once the decree is entered, you have 30 days to appeal the orders entered. The appeal is filed to contest the orders entered by the court in the divorce action because you disagree with the outcome, not because you've changed your mind about getting divorced.

    7 lawyers agreed with this answer

  4. Is the father of my child legally required to pay child support?

    Answered 12 months ago.

    1. Kathryn L. Hilbush
    2. Randi Joy Silverman
    3. Josef Arthur Hirschmann III
    3 lawyer answers

    First, you should retain an attorney to assist you with this matter because there will likely be complicated legal issues relating to the father's earning capacity. Second, when you file for support, he can either acknowledge paternity or ask for DNA testing at his own expense. Once paternity is established, the issue of support will be addressed. His addictions will likely be a factor, but the burden is on him to prove that he cannot work or does not have the capacity to work.

    7 lawyers agreed with this answer

  5. Wife Left Me

    Answered 12 months ago.

    1. Randi Joy Silverman
    2. Jeanne B. Costopoulos
    3. Scheherazade B Rastegar-Djavahery
    3 lawyer answers

    It depends. Some lenders may require her to sign a spousal waiver. You should retain an experienced family law attorney in your area before you make any further financial decisions.

    7 lawyers agreed with this answer

  6. Me and my ex-wife share joint custody of our two children. ( one is 6 years old and one is 3 years). it had been working out.

    Answered 12 months ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. Kathryn L. Hilbush
    3 lawyer answers

    I completely agree with my colleague that you need to retain an experienced family law attorney right away, especially if you are served with a Notice of Relocation. If you receive this document, you only have 30 days to object, so it is important to make sure that you are prepared in the event she takes steps to move with the child. Also, you need to contest the PFA order as it is not unusual for people to file this document in an effort to gain leverage in the custody action. These...

    7 lawyers agreed with this answer

  7. Will filing a complaint for contempt hurt my custody case if my ex violates our custody agreement? My attorney thinks it may.

    Answered about 1 year ago.

    1. Stewart C Crawford Jr.
    2. Randi Joy Silverman
    3. Susan J. Vandegrift
    4. John P Corrigan
    4 lawyer answers

    Since you have an attorney and presumably, you trust his/her advice, I would suggest that you heed the advice that you are given as your attorney is much more familiar with the specific details of your case.

    7 lawyers agreed with this answer

  8. I need help obtaining a divorce lawyer .

    Answered about 1 year ago.

    1. Michael W. Aitken
    2. Randi Joy Silverman
    3. Lidia L. Alperovich
    4. Scheherazade B Rastegar-Djavahery
    4 lawyer answers

    I realize that your funds are scarce, but you really need to meet with an attorney to discuss your options. You can seek counsel fees as part of the divorce action, but most attorneys will request a retainer at the commencement of the case and then request reimbursement either in the interim or at the end of the case. However, in the counties where I practice, an award of counsel fees is very rare. This may not be the case however where you live, so you should speak with an attorney in...

    7 lawyers agreed with this answer

  9. 50/50 custody for a 3.5 yr old. Custody Order in Place for 50/50 custody. I am going to fight in court to move 45 minutes away.

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. Matthew Thomas Majeski
    4. Jeffrey Stockton Helffrich
    4 lawyer answers

    The only person who can give you "real answers" is an experienced family law attorney who knows the details of your case. There are ways to implement a shared arrangement when parties live 45 minutes apart by giving him more holiday and vacation time to make up for the time that he will miss during the school year. However, your attorney should approach him to see if he will consent. If he opposes the move, you will be required to follow the requirements outlined in the statute,...

    7 lawyers agreed with this answer

  10. Husband moved all his stuff out of my house yesterday with my 13 year old son can he do that without my knowledge

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Christopher Irvin Simser
    3. Julie Rebecca Colton
    4. Alan James Brinkmeier
    4 lawyer answers

    Yes, unless there is a court order in place preventing him for doing so. You will need to retain an experienced family law attorney right away because there are several issues that need to be addressed. First, depending on where he took the child, his actions may constitute a relocation and therefore, you may need to file an emergency Petition to force the child to be returned until he complies with the requirementes fo the statute. Second, you may need an emergency custody order until...

    7 lawyers agreed with this answer