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Michelle Lee Sommer

Michelle Sommer’s Answers

8 total

  • Who is in the wrong

    my parents split up 16 years ago and in the divorce contract they both agreed to pay half of my brother an i's post secondary schooling.. my mom refuses to pay it and my dad is suin her? is that enforceable even though my brother is over 18

    Michelle’s Answer

    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.

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  • Can I move to another state with my daughter?

    Hello, I would like to know if my situation is worth of getting an attorney and going to court. I live in Pennsylvania , devorced and have a primary physical custody of my child. My ex- husband has visitation rights but he doesn't come to see her...

    Michelle’s Answer

    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.

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

    23 years- my husband is leaving Dec 31st. leaving me with mtg and wants me to pay half our bills- i can't possibly pay. we have 2 kids - 16 & 17. we will have to leave our home. i'm devastated. 16 wants to live with dad. 17 will be 18 in a few mo...

    Michelle’s Answer

    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.

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  • 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.

    His son is 9 years old and he lives with his mother. I am married to another woman and I have a son with her. The mother of my 9 year old took me for child support and now I cant support my family and she keeps asking for more money when I dont h...

    Michelle’s Answer

    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 as this is a huge step and undertaking for the step-father. Plus, this would mean you would be ceasing all ties to your son by terminating your rights as his father. This is a lot to think about and consider.

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  • 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?

    My daughter has been in the custody of my ex husband for years. He didn't let her see me, told her when she was 18 she could. She just turned 18 last week. We had planned on seeing each other for Christmas but her father is stating that because sh...

    Michelle’s 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 in order to avoid conflit for everyone, if possible.

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

    Being my daughter is 17. and has been in physical care of another loco parent while both parties have joint custody..loco parents have primary physical...she wants to live with me..being so close to her 18th birthday..instead of going through long...

    Michelle’s 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.

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

    I filed a divorce action as plaintiff and my husband signed as the defendant. 3 weeks later I stopped the action by filing a 'praecipe for discontinuance' of the divorce . Now, after much discussion and honesty, we have decided to proceed with the...

    Michelle’s Answer

    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.

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  • 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 .

    I do not know where the birth father is living and he has had no contact with my child since he was born. Do I need an attorney for this or can we file ourselves?

    Michelle’s Answer

    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.

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