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Brian Edward Sipe

Brian Sipe’s Answers

927 total


  • Do I stand a chance of getting primary physical custody of my children as a result of their Mom being charged with 3 DUIs in PA?

    The Mother of my children (we have been separated for a number of years) recently got her 3rd DUI in the past 8 months. She has a total of 4 (the 1st being almost but not quite 10 years prior to the second). She didn't have the children with her ...

    Brian’s Answer

    If her alcoholism poses a threat of imminent harm to the children, then you stand a very good chance of obtaining primary custody with mother having only supervised visitation.

    Does she drive the children to school? How about to other activities? If the answer is yes, as I expect it is, then her DUI's are proof of the danger that she poses. You might even want to file an emergency petition to get temporary custody pending the protracted hearing that you will probably have to endure.

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  • How old do a child have to be to say if they want to go to the other parents home for visitation

    I have a 15 and 13 year old that do not want to go to there fathers house no more there is a court order they go every other weekend but its to the point they cry or they fight with me that they dont want to go.I need help with this the father thi...

    Brian’s Answer

    Mr. Crowe has given you an excellent answer. I would add that two weekends per month is not a lot of time and that the court may continue this time with their father. Even when children do not want to with a parent, the court will award some minimum amount of time to that parent. Before incurring legal fees, I would suggest that you lay down the law to them, don't allow them to fight with you. Everyone has to do things that they do not want to. This is what a judge said in one case I was involved in that was similar to yours.

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  • I'v remarried , my ex wife wont sign the deed. If i pass away does my new wife gain my half of ownership ?

    My ex wife signed her right away to our home, she wont sign the deed so I can have my new wifes name added to the deed. If I should pass away I'm worried that my wife will get nothing .Not sure if I should get an attorney and force her to remove h...

    Brian’s Answer

    Most likely, you are tenants in common with your ex-wife. If that is the case, then your estate would receive your share of the house. Of course, your new wife will not have access to the value of it unless she is able to get it sold.

    There are many questions here. You should probably go to court to try to resolve this issue as soon as possible and not leave it to your estate to do. Will there be money for your estate to litigate the issue? If not, then your new wife may end up with nothing.

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  • Will they go off my current income for child Support due to the fact I'm not getting very many hours which I can't control?

    I work in the natural gas field...I previously was making pretty good money...but only because there was a lot of work...so I got a lot of overtime...that's where I made most of my money...now the natural gas prices are very low and there isn't mu...

    Brian’s Answer

    Based upon your facts, you should be able to provide the proof necessary to prove what you are making now and also that it is not your fault. The court will most likely base the amount upon what you are making now. If that changes in the future, you will be expected to inform the court.

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  • Divorce without a settlement

    Is it possible to get a divorce and drag on the settlement issue so that there is no property settlement?

    Brian’s Answer

    You are describing a "bifurcated divorce." The Commonwealth allows bifurcation but some counties, such as Bucks, do not allow them. You must therefore determine what your county's attitude is from either the Prothonotary or some other source.

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  • Divorce.

    I don't know where he is I haven't been with him in years and I need a divorce. I have no info on him how can I get divorced from this person. I am with someone and we are discussing marriage so I need to get this done.

    Brian’s Answer

    You can get alternative service on this person. if you do not know where he is. To do so, you have to file a motion in the court. To file such a motion, you have to do a search which includes, voter registration, PADoT and the white pages.

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  • I'm a bit worried. After reviewing some important factors, I see the childs decision is important.

    The reason this worries me is because my ex left me 2 months ago and has held my 3 year old daughter and 10 year old son from me. He is with my ex and her mom who are extremely manipulative. It's been a while, and he's getting very pursuaded by th...

    Brian’s Answer

    In addition to what has been written, it is often obvious when a child that young has been manipulated. The words put into the child's mouth sound like the words of someone else. But you will get custody time with your children, and when you have them with you, you will be able to undo whatever the other parent tries to do to them. Good luck and have faith in your children.

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  • Can i get my daughter back?

    She moved in with her dad who threatened her to do it and it was fine till i started dating and said no to the dads sexual advances now im not allowed to see her or talk to her i had her on facebook but he blocked me i received full custody of her...

    Brian’s Answer

    You are not stating how you lost "full custody." Your case depends upon that issue. If you were determined to be unfit as a parent, then you might have trouble obtaining primary custody again. However, you should have partial custody and see her regularly -- this is common. So why don't you have partial custody after having primary custody in 2002 or 2003?

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  • I filed for divorce and stated my husband and had been seperated longer that we actually were he first agreed to it but has

    Contested it what can I do now I have to show proof of my statements but all I have is him filing taxes at a different address and the fact that he stop sharing thr martial bed due to medical issues please help

    Brian’s Answer

    Your testimony combined with the tax address may be all you need. You do not need to be living separate and apart physically to be separate and apart. Testify to the separation between you before he moved out. Then show when he physically moved out. It will depend upon your testimony and his response and there is no way to guarantee that you will get the result that you are hoping for.

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  • What are the chances he can get joint custody of my children?

    I have 2 sons, and their dad just got out of jail 2 weeks ago. I have been taking care of my kids by myself for the last 4 years, they are 4 & 2. And now hes home talking about he wants joint custody and wants to take me to court. I don't want tha...

    Brian’s Answer

    As the father, he has a right to see his children. The question is how much time will he get? The children do not know him, they are set in their routines, so the court would probably not give him that much time. I can only guess. Partly it would depend upon the judge and the crime that he committed. Perhaps you can talk him into agreeing to a limited visitation schedule without court.

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