Skip to main content
Randi Joy Silverman

Randi Silverman’s Answers

1,193 total


  • Can I get full custody without other parents consent?

    My children's father has been absent consistently for almost 2 yrs. He had been in and out of prison the other years. I need medical papers signed by father for my handicapped child to be medically attended to, since father won't help can I get fu...

    Randi’s Answer

    If you need a court order, you should retain an experienced family law attorney to advise you as to your rights regarding this issue and to file the necessary Complaint. The father will need to be served with the paperwork and he will have the right to participate. You cannot obtain a Court Order without giving him notice.

    See question 
  • What age can a child stop the visitation with the other parent?

    My 9 year old daughter fights with me to go see her dad. She keeps asking does she really have to see him and its courted that she does. She wants nothing to do with him. Without going into great detail there's a lot of past issues that caused h...

    Randi’s Answer

    It is a myth that there is a magic age in the law that permits a minor children to decide when they are no longer required to visit with a parent or when they can decide with whom they wish to live. It is the parent's responsibility to instruct their children to comply with any court orders that have been entered. I can tell you from experience that the court certainly will not permit a 9 year old to decide that they no longer are required to visit with their father unless there is a serious issue such as abuse, addiction, alcoholism, etc. unless the child is not safe in that environment. As the child becomes an older teenager, their preference will carry greater weight. I would suggest that you seek counseling for the child to find out why she does not want to go. However, if you have shared legal custody, you must seek the father's consent.

    See question 
  • My husband violated the PFA by texting me. What now?

    The same day the PFA was served he violated it by texting me. I know I call the sheriffs office and report it but should I still send the kids with him for his weekend?

    Randi’s Answer

    If he violated the PFA after he was served with the Order, you need to call the police-not the Sheriff's office. Then, you should call your attorney to ensure that he is picked up. If you have a custody order, you must follow it and send the children for his visit.

    See question 
  • I have finally been forced to move out of the marital residence due to my husband not providing food or financial support.

    I have moved out of the marital home because my husband refused to provide food and financial support for me. I moved to interstate to a different county 3 1/2 hours away. I will be filing for APL and need legal representation for this hearing sin...

    Randi’s Answer

    You can contact the Somerset County Bar Association (or Cambria if you lived in the Cambria County side of Windber) to determine whether they have a list of attorneys who will represent individuals at a reduced fee. However, you do not need an attorney to file for spousal support. You can go to your local Domestic Relations Office to file a Complaint on your own and a conference will be scheduled in about 6 weeks. You can go on your own. If you are dissatisfied with the result, you can file an appeal. At that point, you should make sure that you have an attorney.

    See question 
  • Do i need to ask the court before i move

    I am wanting to move to help out with my sick father and for employment and a couple other reasons. My custody agreement at this time my child only has visitation with his father every other weekend, which this has been getting cancelled for some ...

    Randi’s Answer

    Yes. At least 60 days prior to the date in which you plan to move, you are required to service a Notice of Relocation on the other parent. He has 30 days to object. Even if he fails to object during that time, you must file a Petition to confirm custody. Because of the strict rules that must be followed, you will need to retain an experienced family law attorney to handle this matter for you so that it is done correctly.

    See question 
  • Is it legal for a woman who lost custody of all 6 of her children for sexual abuse take custody of someone elses child?

    this woman lost all of her kids for her boyfriend sexually abusing them and she refuses to give my friends child back to her she went and got temporary custody order because my friend was a drug addict but she is now in treatment and doing great a...

    Randi’s Answer

    Your friend needs to hire an experienced family law attorney to determine whether she should file a Petition to regain cucustody of her child. If the person who currently has custody of the child was able to obtain a court order, that person did not "take" custody of the child. Perhaps the court was not fully informed of the history of the person who no currently has custody of the child when the order was entered or you are misinformed about that person's background, but your friend's attorney will look into all of the facts.

    See question 
  • Can I file a PFA for being harassed through a text message?

    He is my future ex-husband and we are going through a divorce and have a custody order in place. He keeps getting random numbers through texting websites and texting my phone harrassing me. If I can't get a PFA how do I get it to stop?

    Randi’s Answer

    Unless he is threatening to physically harm you, you most likely cannot get a PFA Order. However, you should show the text messages to your attorney as he/she can contact his attorney or him if he is unrepresentative to insist that he discontinue this behavior. If he refused, you have the option of showing the messages to the police to determine whether they will tell him to stop or if they will file charges against him for harassment. Regardless, you should speak with your attorney before taking any action.

    See question 
  • Please help answer my problem

    I filed for a two year seperation and she wont sign the papers. What can I do to make the divorce become final. The courts wont help and tell me all different stories every time I go up to the courthouse. Can you please tell me what to do. Thank y...

    Randi’s Answer

    If you have been separated for two years, you can file for a Master in order to finalize your case. However, you should retain an experienced family law attorney to give you more specific advice. Perhaps he/she can resolve your case by agreement without having to go that route.

    See question 
  • If I drop domestic abuse charges against my husband, will the state still charge him?

    The borough officer who arrested my husband said I can drop these charges but I'm wondering if he will still be charged my the state or does it depend?

    Randi’s Answer

    It is up to the discretion of the police officer as to whether they wish to pursue any criminal charges that are filed. I hope that you think very carefully before you withdraw the charges against your husband. If there is another incident, the police and the court could question your credibility. Also, you could be subjecting yourself to future incidents of abuse because you will no longer have protection. I would suggest that you speak with a counselor and an experienced family law attorney before you make any decisions.

    See question 
  • How can I change the counselor that my children go to with 50/50 custody?

    I am in the middle of a nasty divorce. I found out that I would not be able to get my daughters counseling without my soon to be ex-husband's consent and I knew he would never agree to it. So I was advised to get them into counseling before the ...

    Randi’s Answer

    You can't. Since you have shared legal custody, you must either have his consent or a court order. Under the circumstances, you should retain an experienced family law attorney in your area to file a Petition asking the court to intervene. If the counselor is refusing to permit you to participate and she has a conflict, a new counselor should be appointed.

    See question