Skip to main content
David M. Axinn

David Axinn’s Answers

587 total


  • I think im a victim of credit fraud and/or identity theft.

    I have been trying to clean my credit up and such. I cant get my credit reports because my information don't doesnt match what they have on file. When asked questions about me to verify my personal information the answers are always incorrect but ...

    David’s Answer

    The online form asks some questions about accounts you don't have, to verify your identity. If you can't get through this process, you can request your report by mail: A form is available at annualcreditreport.com

    After you've gotten your credit report, you'll know whether their is anything there that is incorrect. If so, this may be a mistake (which can be corrected), or could be the result of identity theft - in which case you'll need the help of a lawyer, and perhaps the police. But I wouldn't assume anything bad until you've seen the report.

    See question 
  • I am a teacher falsely accused of sexual abuse

    A girl student has been sexually harassing me all year long. I took several of these concerns to my principal, and he agreed my corrections had been the proper action. I ended up getting another job, still in teaching. The day after I resign t...

    David’s Answer

    In order to fight this, you will need to appeal their finding to the Department of Public Welfare. There will be a hearing, at which time CYS will have the burden to prove by "substantial evidence" that the report is true. This is not as strict a standard as exists in a criminal case, but they still need to have some evidence, to persuade the department's hearing officer.

    See question 
  • No court ordered custody agreement and ex wont give child back

    My ex lives in another state and wont let me pick up my daughter. My daughter is registered for school here and has doctors appointments set up. My ex is going through a court battle with her new ex and they had a pfa that included my daughter bu...

    David’s Answer

    If there is no court order, and your ex is not in agreement, you will need to file a custody proceeding. Pennsylvania may still have jurisdiction, if Pennsylvania had been her home state, and she was on a summer visit with the ex. If she has been in the other state for more than 6 months, you might need to file in that state.

    I agree with the other comments: this is a complicated area of law, and you should consult an attorney.

    See question 
  • My cousin is having a baby . she isn't financily and mentally ready to support. she wants to give custody to me .

    She is willing and ready

    David’s Answer

    If both parents are in agreement, a custody agreement can be prepared, and then filed with the court. You will have to think about what contact the parents will have with the child. You also may want to think about the difference between custody (which can always be modified in the future) and adoption, which is obviously a more permanent solution to the problem.

    See question 
  • We practice the 2-2-3 visitation schedule. Ex moving 1.5 hr away, can I ask for custody to be changed?

    We have joint custody of our 3 year old son. We currently live 15 minutes from each other and our son is exchanged at daycare. We have been apart for 6 months and I willingly agreed to joint custody. He is in the process of buying a house that is ...

    David’s Answer

    If there is an existing custody order, the father will need to give you a formal notice before relocating with the child. If you and he cannot agree, either on the request for relocation, or on a new schedule, you can request an expedited court hearing. The Court might deny his request, if the Judge finds that there is no benefit to the child from the move.

    Having shared physical custody could continue, with a different schedule, involving less driving. In the long run, this will become increasingly difficult, once the child is of school age.

    Relocation is a difficult and contentious area of custody law, and you should sit down with an attorney as soon as possible to discuss this.

    See question 
  • I am a couple months behind on fines at magistrate. He did a payment hearing and i missed it. What can he do to me .

    I owe fines for a summary charge i am 5 months late. A hearing determination was set. I missed it. What can magistrate do next? What should i do? There is a warrant out.

    David’s Answer

    I agree with the other answers, but will add that coming in voluntarily is likely to be a lot better than waiting to be arrested. If you can pay off the fines, the warrant will be withdrawn. If you cannot, you can still ask for a payment plan - particularly if you can put something down on it. You should call the Magistrate's Office ASAP, or have an attorney do that for you.

    See question 
  • If o filed bankruptcy and added my mortgage would I loose my home?

    This is a home in Tyrone pa and all the bills are from workers compensation also I need to know how much it will cost

    David’s Answer

    As others have noted, the answer depends on the type of bankruptcy you file, and the value of your home. In a Chapter 7 bankruptcy, you can exempt (keep) $22,975 in equity (the difference between what the home is worth, and what is owed on it). If the home is jointly owned by Husband and Wife, the exemption is doubled. If the house can be exempted, you would be permitted to retain it, subject of course to the requirement that you continue paying the mortgage.

    See question 
  • I'm in a current Rent to Own and my landlord got served with papers for a foreclose, what could happen with all this?

    What can I all do about this and is there ways around this I don't want to lose this house! I need to met with someone I just don't know where to go to I need major help I need someone to dig little deep on this house and the person i'm getting it...

    David’s Answer

    This is a serious situation, and you should sit down with an attorney to discuss it.

    One of the problems with rent to own agreements is that the mortgage company's rights are usually greater than the buyers. There are things that the seller can do, and you can try negotiating with the seller, and perhaps the mortgage company, to work something out.

    See question 
  • If I die, would my ex get custody of my son?

    My ex isn't on the birth certificate, he has however plead no contest to my sons paternity and is ordered to pay child support. He has been in and out of my sons life, really having no contact at all with him. I am looking into getting a will stat...

    David’s Answer

    You can make a will, and nominate a guardian for you son. Doing this does not terminate the father's rights, or his responsibilities. If there were a dispute between the Grandparents and the father about custody, a Judge would decide, based on what was best for your son at that time. The fact that he hasn't been a regular part of your son's life would be a major problem for the father, if he ever sought custody.

    See question 
  • Can you appeal a child custody and visitation ruling?

    Our daughter went a hearing without an attorney and she got hammered by the judge, can his ruling be appealed?

    David’s Answer

    Yes: she can appeal by filing a notice of appeal within 30 days. Whether that is the best course of action or not is something that she should discuss with an attorney. Appeals are decided based on the record (the transcript of the hearing) which was created before the trial Judge. Since she appeared without an attorney, it is doubtful that she created a good record to win an appeal.

    She does have other options, including asking the Judge to reconsider the decision, or filing a new petition to modify the Order.

    See question