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Alyssa Harland Knisely

Alyssa Knisely’s Answers

12 total


  • Does he have a case? And will he get the Emergency custody ?

    My boyfriends daughter spent the last few days with me. Shes 2 years old and i would tell her its time to change her diaper she would start crying and telling me shes sorry shes sorry. She has trouble sleeping and woke up in the middle of the nigh...

    Alyssa’s Answer

    I'm assuming based on the facts that we feel the mother has been physically abusive? If there are physical signs, take photos in a well lit area. Contact the police. If no signs of abuse, then have her seen by a counselor. Tell the mother you're doing it. She has shared legal custody. Have your suspicions verified by a credible third party. If you do, your case for emergency relief will be much stronger.

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  • Can one spouse take property purchased by the other spouse's parents as a gift to the children?

    My son and his wife are separating. They had their first child prior to marriage and during that time, we purchased a set of beds for the child's room. Now his wife is moving out and wants to take the furniture that we bought and leave nothing for...

    Alyssa’s Answer

    The beds were given as a gift and therefore, owned by the parties. As such, they are subject to equitable distribution in the divorce. I would have his lawyer deal with this issue directly with your soon to be ex daughter in law.

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  • Can I sue my ex wife civilly?

    my divorce started in 2008 and ended in 2011 in pa. questions arose during my divorce that just recentley had me do a dna test on my son. just found out after 19 years that hes not my son. i would have never married back in 1992 if she wasnt pregn...

    Alyssa’s Answer

    Unfortunately, there's no proper civil action to bring. This is a classic example of paternity by estoppel. Even if you wanted to be declared "not the father" you could not. I don't care if you had a 1000 DNA tests to prove it.

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  • How is 'net income' defined in the state of Pennsylvania for use in caculating Child Support?

    There's 'gross income' which is all proceeds earned minus taxes and other standard deductions. There's 'adjusted gross income' which is gross minus deductions such as mortgage interest, child dependence allowances, contributions to retirement fun...

    Alyssa’s Answer

    Net income is gross income less any and all mandatory deductions. Taxes, union dues, health insurance premiums, pension/ retirement account contributions all may be mandatory and thus reduce gross income.

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  • My husband left me and my kids to be with a woman hes having affair with. Can i keep him from taking my kids around her?

    My husband has been having an affair for at least 6 months. He left in november. I dont want my children around the woman. Can i legally do something for him not to be able to take them around her?

    Alyssa’s Answer

    You should file a custody action and demand that no contact with his paramour be made a part of the order. I will say, that unless the paramour is a sex offender or an extremely negative influence on the kids, the likelihood that the court will grant your request is slim. Kids may be affected negatively by exposure to a parent's new significant other. However, at some point, the children are going to have to be exposed to the fact that mom and dad are no longer together and that someone new may be in the picture. I would and have typically cautioned all my clients never to bring new significant other into the picture unless and until I know that it's going to be a commited relationship. It's not fair to the kids and may be injurious to them as well.

    Good luck!

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  • Can somebody in jail still sign an Acknowledgement of Paternity Form?

    He is doing a 2 to 4 year sentence. He is the father and he wants to be on the birth certificate. If he can't am I able to at least put his last name on the certificate?

    Alyssa’s Answer

    The fact that he is in jail is of no moment to your case. If the putative father wants to acknowledge paternity to a court, he may do so. By agreeing to be on the child's birth certificate, he has acknowledged paternity and will be forever estopped from disclaiming paternity after 60 days have passed from the date of acknowledgement pursuant to 23 Pa.C.S.A. § 5103 (relating to child custody and paternity). The Department of Public Welfare has these acknowledgement forms available and may even have them on their website. Simply have him sign in prison before a witness and send it to the Deparment of Public Welfare. Both parents are required to provide their SSN's, so make sure you have his to provide as well.

    Good luck!

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  • I need to find out who has custody of me.

    Hello my name is Destiny Sarsfield. I am only 16 and is there is alot of custody issues going on. I just need to know where to go to help me look for my answer.

    Alyssa’s Answer

    Destiny- The easiest way to find out is to ask one of your parents. However, if you cannot ask parent, you may want to contact your county clerk's or prothonotary's office to have them do a name search for either one of your parents' names. They may be able to provide you with a copy of any custody orders entered on the record.

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  • Will my children be taken from me for getting self help from a drug rehab? I want to be the best mother for them.. WHAT TO DO???

    2 years ago I went to drug rehab after my (back then) 5 month old son was taken by C&Y. I have since proven myself and been nothing but compliant with C&Y and got physical custody of him back in July. Also, had another baby who is now 8 months a...

    Alyssa’s Answer

    It sounds like you need to get clean all over again. Unfortunately, you will judged on your past behavior. You need to work with CNY and avoid drugs, stay clean and attend all required classes.

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  • My background check shows retail theft from when I was a minor. How is this so?

    When I was 17, I stole from walmart and was fingerprinted. I was not arrested. I am not 20. Why is this still showing on my record. I thought someone needed a court order in order to view my juvenile record.

    Alyssa’s Answer

    I agree with my colleagues, the summary citation is not sealed. However, you may file a petition to have your record expunged as a juvenile if you have been free of all criminal activity for 5 years from the date of the summary conviction.

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  • Can teachers disclose students' information without consent of the parents?

    My boyfriend has sole custody of his daughter and he has been emailing the teacher (Catholic school) about grades, upcoming events, etc but she never replies. Rather, the child's grandmother (mother's mom) also works in the same school and seems t...

    Alyssa’s Answer

    The Federal Educational Orivacy Rights Act prohibits public school disclosure of student information, such as grades, physical exam results, disciplinary records and other "non-directory" information. So, the short answer is that the school or it's agent, a teacher, should not be sharing this information with a third party. Things however, get murky when that third party is also working at the school and may have routine access to such information. I doubt there's a violation in this instance. Instead, you should focus more on why the school has failed to provide this information to the father and legal custodian. I would contact the school's superintendent to discuss these concerns. There may be a reasonable explanation. The school may need a copy of a court order, if one exists, regarding dad's primary and legal custody of the child.

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