Frederick M. Stanczak’s Answers

Frederick M. Stanczak

Doylestown Education Law Attorney.

Contributor Level 10
  1. How do I file for a delay in a custody trial, My attorney has withdrew council and my trial is in 3 weeks.

    Answered 7 months ago.

    1. William A. Jones Jr.
    2. Frederick M. Stanczak
    3. Jesse Ian Weidaw
    3 lawyer answers

    I agree with attorney Jones that you should contact the Court immediately to let the judge know that you are asking for a continuance. If you are trying to retain new counsel, that fact should also be conveyed to the court. You don't say why your lawyer withdrew but, generally, once a lawyer enters an appeaance on behalf of a client, leave of court is needed to withdraw unless another lawyer simultaneously enters an appearance for the client. If the issue is non-payment of fees, the courts...

    5 lawyers agreed with this answer

  2. I do not know where my ex is. We have been apart 10 years how do I file?

    Answered 8 months ago.

    1. Frederick M. Stanczak
    2. Ronnie Louis Creazzo
    3. Samuel Eugene Thomas
    4. Rochelle S. Rabin
    4 lawyer answers

    You can file for divorce in your home county in PA. If, after reasonable efforts to locate your spouse, he still can't be found, you can petition the court for permission to accomplish service by publication. That's done by publishiing the filing in a newspaper as the court may direct. Once that is complete, the divorce can proceed. You should contact a falily law attorney to represent you.

    5 lawyers agreed with this answer

  3. Ex wife is drink & driving young kids in car long distances, what do I do?

    Answered 9 months ago.

    1. Michael Kuldiner
    2. Frederick M. Stanczak
    3. Randi Joy Silverman
    4. Leo M. Flynn
    4 lawyer answers

    I agree with counsel, you should speak with your attorney or retain one without delay. The children's statemens are evidence, and the courts have developed procedures for introducing and evaluating child testimony.

    5 lawyers agreed with this answer

  4. Custody in Philadelphia

    Answered 11 months ago.

    1. Kathryn L. Hilbush
    2. Frederick M. Stanczak
    3. Susan J. Vandegrift
    4. Elaine Smith
    5. Diana Corinne Schimmel
    5 lawyer answers

    I agree with Attorney Hilbush. You need ot speak to a family law attorney as soon as posible. A court would not condone the use of corporal punishment against your daughter by a parent or his partner. It sounds as though you need to file a pettion for modification of the custody order and possibly for emergency relief. Other possibilities are to report any abuse to Children and Youth and/or to pursue another PFA for your daughter. All of these options, as well as the likely impact of the...

    5 lawyers agreed with this answer

  5. I live in PA and entered a same sex marriage in NY. My wife left and moved to NY. We have joint debt. What options do I have?

    Answered about 1 year ago.

    1. Frederick M. Stanczak
    2. James W. Zerillo
    2 lawyer answers

    New York recognizes same sex marriage but Pennsylvania has not adopted any recognition of same sex unions. Because you were married in New York, and your spouse now lives there, it may be best to file for divorce in New York so that the property distribution rules apply to the house and car. Both would be marital property since they were purchased during the time that you were maarried. If your spouse files for divorce, you should contact a lawyer in New York where the action is filed. Many...

    5 lawyers agreed with this answer

  6. How can I prove? My kids(7 & 9) told me mommy is dating ex again, who is court ordered not to be around during parenting time

    Answered 7 months ago.

    1. Frederick M. Stanczak
    2. Michael W. Aitken
    3. Deborah G. Zitomer
    4. Kevin H. Pate
    4 lawyer answers

    Without examining the court order, it is not possible to provide a firm opinion but, generally, both parents have to follow the court order until it is modified. I note that the restriction was put in place in 2008 so it's possible that the mother has grounds for modification. However, unless a modification is obtained, she is obligated to follow the order. As counsel indicated, the children can testify in an in camera session with the judge. If there are witnesses who can clearly teatify...

    4 lawyers agreed with this answer

  7. Guardian ad liem appointed in bad custody battle help

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Frederick M. Stanczak
    3. Diana Corinne Schimmel
    3 lawyer answers

    It's not clear from your question what 30 day time period you're referring to. If you're referring to the scheduling of a hearing, the entry of the Guardian ad Litem would not automatically re-set the hearing date, but the court may allow additional time if the GAL asks for it to prepare for the hearing. There may also be a local procedural rule that would address that situation. You might consider consulting with an attorney in your area or try to get an explanation of the procedure from...

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  8. Can my mother take my children away from me? (Pennsylvania)

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Frederick M. Stanczak
    3. Steven R. Koense
    4. David Alexander Browde
    4 lawyer answers

    I agree with my colleagues in that the "Interin Order" needs to be reviewed by a family law attorney to determine what rights it grants your mother and whether it is still in effect. The term "Interim" suggests that the Order was intended to expire after a specified time or after certain conditions are met. Generally, the parents of the child are presumed to be entitled to custody, and custody is taken way from them only if there is compelling evidence that the child's best interests will...

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  9. My ADHD daughter was not eligible for an IEP or 504? what next?

    Answered 5 months ago.

    1. Frederick M. Stanczak
    2. Randy Jay Harvey
    2 lawyer answers

    If you believe that the evaluation by the school district is not appropriate, you can ask that the school district pay for an evaluation by a qualified independent evaluator of your choice. The schoool district must either agree to pay for an independent evaluation or ask for a due process hearing top prove their evaluation is appropriate. You also have a right to ask for a due process hearing to challenge the school district's decision as to eligibility. I strongly recommend that you...

    3 lawyers agreed with this answer

  10. How do i go about getting a divorce?

    Answered 6 months ago.

    1. Joseph John Nash
    2. Frederick M. Stanczak
    3. Stephanie Shannon Beller
    3 lawyer answers

    You should set up a consultation with a family law attorney in your area to discuss how to proceed. The divorce itself is pretty uncomplicated, but is sounds as though you also need to pursue child custody and support. There may be other issues, but you will need to discuss your situation in detail with an attorney. Good luck!

    3 lawyers agreed with this answer

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