Talked with th district magistrate of SusquehannaTownship and he would not let him come home. If I am subpenaed if I don't show up will that be good for the person charged. Can the victim get in trouble if she does not show for court date. This is...
You could try to avoid service of the subpoena, but it is best to show up. If you are a victim you should get counseling to find out why you think so little of yourself that you will defend someone who has physically harmed you.See question
My ex husband has had trouble keeping up with his mortgage over the last few years. This year it was in foreclosure but he fixed the situation. He also was on the verge of having the kids kicked out of their school district because he didn't colle...
How is custody currently being shared? You have not provided enough information to comment on your case. Anyone has a chance of getting 50/50 custody depending on the particular facts of the case. You have not provided the facts and even if you had, the best I can do is tell you whether you can make decent arguments for your position. In the end, a judge will hear both sides and then decide what he or she believes the best custody scheduled would be.See question
Son and girlfriend live with great grand mother she does 100 percent of care given she and I grand mother buy clothes they provided so food with welfare stamps both son and girlfriend are pill heads and he is back in jail for 3rd time and and they...
The custody act gives automatic standing to grandparents and great grandparents to file custody actions. In the end, it will be up to a judge.See question
The current custody order names me as the custodial parent and the mother is supposed to get visitation Wednesdays and every other weekend. She does not show up to see them regularly or contact them via phone; it's about once every 6 months. She...
There is a chance if your spouse is willing to adopt. The procedure would be to file a petition for involuntary terminatnon of her parental rights together with a petition for your spouse to adopt. A hearing would then be held on whether or not the mother's rights should be terminated so that the step-mother can adopt.See question
So we are 2 months removed from court, and we both have equal rights. However up to this point, a few things are really nagging me. 1) She moved my kids in with a guy she barely knew, who has 1 thing on his record (Corruption of a minor). ...
If you cannot afford to litigate for a different court order then you are going to be stuck with the one you have unless you file a petition on your own and represent yourself. Keep in mind that no amount of court orders will change who the mother is - she will always have some influence over the kids and sometimes that influence will be negative so you need to focus on making sure that when the children are with you they learn by positive reinforcement how to be well-adjusted adults when they grow up. It is also helpful for the children that their parents learn to get along and work together even when to do is challenging because research shows that those kids grow up with less psychological baggage than those whose childhood is marked by intense conflict between their parents.See question
I have 100% physical and legal custody over my son. His father is trying to get back some sort of physical rights for the second time. Parental rights were taken away due to extreme circumstances. I fear that any interactions could cause a relapse...
If the father files to modify the custody order then it wil most likely be modified. Unless his parantal rights were terminated in an adoption proceeding then he can sitll seek rights, even if it is for supervised contact or regular visits after being involved with a reunification counselor.See question
I was 20 and she was 16 and I had baby girl with her me and her mom got into it and then she tried to kick me out so I toke the cable and the light off my name and she got mad and went to put charges on me for being with her when she was 16. I w...
Unless she has someone to adopt your daughter then you will remain on the hook for child support. Whether or not you see your daughter is not a relevant factor for child support.See question
Divorce was filed in Texas. Rule 11 Agreement Attached immediately prior to final court hearing. Rule 11 is for additional child support from non-custodial parent in amount of $250.00/mo. for 3 years. Custodial parent moves to Pennsylvania imm...
Chilld support in PA is for the benefit of the child and cannot be contracted away so if the Rule 11 Agreement is lower than the PA Support Guidelines it will not be valid in PA. If it is higher than the PA Guidelines then it will be uphelf in PA as a private contract.See question
I am primary custodial parent, with shared legal custody. My son is only 3 years old and is not in any form of schooling. The reason behind moving to York is a job I was offered in Maryland
It is best to discuss it with the other parent. However, if the current custody schedule can be maintained without the non-custodial parent having to change commuting distance then it really is not a relocation that would trigger the statutory relocation requirements and you can simply notify the other parent of your new address. There is always risk, though, if there is no agreement between both parents.See question
My husband filed for divorce in Dec 2013 and we have been back and forth trying to reach a settlement. I have not filed for spousal support as he has been paying his share since he decided to move out and that 'separation date' is August 19, 2013....
If you desire post-divorce alimony you must file a claim for it prior to settlement of the case and entry of a divorce decree. There are vairious factors that are considered by the divorce master when determining if alimony should be awarded. § 3701. Alimony.
(a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.
(b) Factors relevant.--In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.
(c) Duration.--The court in ordering alimony shall determine the duration of the order, which may be for a definite or an indefinite period of time which is reasonable under the circumstances.
(d) Statement of reasons.--In an order made under this section, the court shall set forth the reason for its denial or award of alimony and the amount thereof.
(e) Modification and termination.--An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. Remarriage of the party receiving alimony shall terminate the award of alimony.
(f) Status of agreement to pay alimony.--Whenever the court approves an agreement for the payment of alimony voluntarily entered into between the parties, the agreement shall constitute the order of the court and may be enforced as provided in section 3703 (relating to enforcement of arrearages).