Randi Joy Silverman’s Answers

Randi Joy Silverman

Johnstown Family Law Attorney.

Contributor Level 16
  1. What if I HAVE to relocate prior to the hearing?

    Answered 10 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Josef Arthur Hirschmann III
    4. Susan J. Vandegrift
    5. Robin Jean Gray
    5 lawyer answers

    You cannot move with the children before the hearing. If you do, it is likely that you will be ordered to return with the children and other severe sanctions could be imposed, including the loss of primary physical custody. You have two options. Either you can move and leave the the children with their father or file an emergency Petiton to ask the Judge to let you move before the hearing. You should speak to your attorney for more specific advice.

    6 lawyers agreed with this answer

  2. Can my fiance adopt my daughter when her biological father has not been in her life for 6 years?

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Rebecca Anne Myers
    3 lawyer answers

    Once the two of you get married, you will be able to begin the adoption process. If possible, you should obtain the biological father's consent as this will cause the process to move forward smoother and quicker. If he will not consent, you will have to follow a two-step process whereby his parental right are terminated first. You will need to retain an attorney to prepare the paperwork and to schedule the hearings as there are specific requirements that must be followed for this...

    6 lawyers agreed with this answer

  3. Can anyone file for mortgage deviation for child support?

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Christopher Daniel Leroi
    3. Jeanne B. Costopoulos
    4. Lee Alan Thompson
    4 lawyer answers

    If you mortgage payment (including real estate taxes and insurance) exceeds 25% of your net income after deduction of the child support payment, you would be entitled to a deviation of up to 50% of the monthly payment. I would suggest that you meet with an experienced family law attorney to review the calculations.

    6 lawyers agreed with this answer

  4. My husband's 7yr.old son physically abuses my two boys. Can I legally take his ex wife to court because of her son's doing?

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Michelle Ericka Goldstein
    3 lawyer answers

    Are you telling us that you have let this dangerous behavior occur for several years without taking any action? If, as my colleague recommended, your husband will not agree for the child to go to counseling, or the counseling sessions do not help, you should consider speaking to an attorney to discuss taking steps to remove your children from the situation before serious injury occurs.

    6 lawyers agreed with this answer

  5. Am I legally obligated to share where my child is when its my custodial time?

    Answered 11 months ago.

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

    You are not required to share everything, but you are required to disclose where the child is staying and with whom. However, you do not have to tolerate being harassed. There are reasonable ways to share information that does not involve contentious behavior. Since you have an attorney you new to discuss this issue with him/her.

    6 lawyers agreed with this answer

  6. My husband left 5 years ago but I can't afford a divorce. How do I get his name off our house?

    Answered 12 months ago.

    1. Randi Joy Silverman
    2. Lee Alan Thompson
    3. Joseph Torri
    3 lawyer answers

    I would suggest that you contact the bar association to see if they have a list of attorneys who will take your case for a reduced fee if you cannot qualify for legal aid services. You have a difficult situation and there are a lot of issues that need to be resolved. It will be very difficult to navigate this situation on your own.

    6 lawyers agreed with this answer

  7. Hi, Can I write the judge and ask if he can grant me the divorce under 3301 (d) of the Divorce Code?

    Answered 12 months ago.

    1. Randi Joy Silverman
    2. David Alexander Browde
    3. Keith G Langer
    4. Diana Corinne Schimmel
    5. Susan J. Vandegrift
    6. ···
    7 lawyer answers

    You cannot contact the Judge. You must file the proper documents in order to bring you case before the court. However, without an attorney, you can get mired in procedural problems when the solution is not complicated. Since you have been separated for two years, you can file for a Master to be appointed to resolve the divorce. You need to retain an attorney to properly resolve your case.

    6 lawyers agreed with this answer

  8. Divorce is final and agreed on 50/50 custody and shared expenses of 12 year old daughter.

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Michael Kuldiner
    3. Dawn Elizabeth Padanyi
    4. Paula Brown Sinclair
    5. Susan J. Vandegrift
    6. ···
    6 lawyer answers

    My colleagues have given you excellent advice. Unless there has been a major change in the custody circumstances since the agreement was reached that would warrant a change in the custody arrangment that you recent agreed upon, it is unlikely that the court will consider changing the schedule. That being said, if the father will agree to change the custody arrangments, you should speak to your attorney about preparing a Stipulation for his signature. Once the Stipulation is signed...

    6 lawyers agreed with this answer

  9. During divorce settlement, are both spouses responsible for credit cards even if one is only in my name?

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. Steven Parnell Weaver
    4. Lee Alan Thompson
    4 lawyer answers

    Debts created during the marriage are generally marital debts available for distribution regardless of whose name the debt is in. However, this does not mean that she will be ordered to pay one-half of the debt. Typically, there is an offset for her share in the overall distribution. You should review this matter with an experienced family law attorney.

    6 lawyers agreed with this answer

  10. Is it fair I have to pay child support I have my daughter 50 percent of the time with proof.

    Answered about 1 year ago.

    1. Kathryn L. Hilbush
    2. Randi Joy Silverman
    2 lawyer answers

    If custody is shared equally and your incomes are the same, neither of you should owe child support to the other unless she has other expenses such as day care, private school tuition, etc. in that case, you would be ordered to pay a share of the expense so that your incomes remain equalized. You should speak with an attorney.

    6 lawyers agreed with this answer