Michelle Lee Sommer’s Answers

Michelle Lee Sommer

Carlisle Child Custody Lawyer.

Contributor Level 3
  1. I filed a divorce action then a praecipe for discontinuance. Can I refile that same divorce action? We now both want the divorce

    Answered about 2 years ago.

    1. Michelle Lee Sommer
    2. Michael Kuldiner
    3. Charles Anthony Rick
    3 lawyer answers

    If you filed a Praecipe with the Prothonotary then they have already withdrawn your divorce action so you will need to re-file a new Divorce Complaint in order to re-file. Unfortunately his means new filing fees all over again. File for a 3301(c) divorce and start the process over again and wait the 90-days in order to finalize. If you have property to divide you should seek the advice of an attorney.

    3 lawyers agreed with this answer

  2. Hello I live in PA with my husband and I have a question about his rights to his son and if he can terminate them.

    Answered almost 2 years ago.

    1. Michelle Lee Sommer
    2. Kim L Lengert
    3. Jason Kutulakis
    3 lawyer answers

    This is two seperate issues. The support would only be able to be terminated by the Mother filing a a request a Domestic Relations to withdrawl the child support and any back arrears. She would have to agree to do that on her part. As for the termination, the Mother would also have to agree to do that a well by asking you to terminate your rights as the biological father so that her current husband could adopt her son. But that is something she and her husband would want to do on their part...

    2 lawyers agreed with this answer

  3. Who is in the wrong

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Michelle Lee Sommer
    3. Jayson Lutzky
    3 lawyer answers

    It would depend on the language in their Marital Settlement Agreement (MSA) and what they agreed to at that time. If it was ageed that both parties would split the cost and now one party is not abiding by the terms then there could be a breach of that agreement. Father would need to contact an attorney to have them review the MSA.

    1 lawyer agreed with this answer

  4. Can I move to another state with my daughter?

    Answered almost 2 years ago.

    1. Brian Edward Sipe
    2. Michelle Lee Sommer
    2 lawyer answers

    In January 2011 the rules regarding Relcoation changed in custody siutations. Before you decide to relcoate out-of-state you need to talk to an attorney to understadn the rules; howver, it sounds as if you meet many of the factors but you need to understand what you are facing if you would decide to move. I would consult an attorney in your area before you do anything.

  5. Do i need a lawyer to get alimoney and child support?

    Answered almost 2 years ago.

    1. Jayson Lutzky
    2. Brian Edward Sipe
    3. Jeanne B. Costopoulos
    4. Michelle Lee Sommer
    4 lawyer answers

    You several options, you can try contating your local bar assocation about seeking a pro bono attorney to assist you in your divorce and custody matters. If your 16 child lives with your husband you maybe required to pay child support; however you may be able to get spousal support. You should have a consult with an attorney before the 31st to at least understand your options so you know how to proceed before he decieds to leave and leaves you out stranded, so-to-say.

  6. My question is, can her father legally keep her from seeing me now that he's 18, even though she is still in high school?

    Answered almost 2 years ago.

    1. Michelle Lee Sommer
    1 lawyer answer

    If your daughter is now 18 then she is no longer a minor for custody purposes and she can make her own decisions regarding custody. Based on what you stated above it appears that you are in contact with her and did hve plans to see her. Since she lives with her father, he does have responsibily in the sense that he is caring for her while she is living with him but she can make her own decisions on who she wants to see since she is no longer a minor. I would suggest try talking to the father...

  7. My daughter 17 wants to change custody order to live with me..i have joint legal custody. she is physically custody elsewhere.

    Answered about 2 years ago.

    1. Michelle Lee Sommer
    1 lawyer answer

    Unfortunately, if the other parent is not willing to agree to amend the current Custody Order by agreement then you must file a Petition to Modify Custody. However, since your daughter is so close to turning 18, I would try to have a conversation with the other parent to see if an agreement can be worked out in which you can avoid a legal battle and/or mediation as this can be costly for both parents. Communication is always the best start and way to get everyone on the same page.

  8. What do I need to do to have my child adopted by my husband in pa. I haven't seen the birth father in 8 yrs .

    Answered about 2 years ago.

    1. Forest Dean Morgan
    2. Michelle Lee Sommer
    3. Eric D. Strand
    4. Paul Dominic Edger
    4 lawyer answers

    You would need to file the necessary paperwork to do a Step-Parent Adoption. This is something an atotrney would help you do as the paperwork is very involved.