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Brian Edward Sipe

Brian Sipe’s Answers

975 total


  • Can the mother of my children relocate with my children without my permission?

    There is no custody agreement. I am paying child support and the circumstances of the agreement have changed. The mother of my children is threatening to take them to her hometown of Pittsburgh if I go back to court for a review.

    Brian’s Answer

    File for custody right away. Then she will not be able to take the children away. You should not let her use the children to manipulate you into giving up rights.

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  • How can I gauge my chances of obtaining custody of my child?

    I'm a father of a 9yr old child and I'm considering separation from my wife due to general unhappiness with our communication, compatibility and life/future goals. I'm hesitant to follow through with a divorce, because I don't want to be separated...

    Brian’s Answer

    Many factors determine the best interests of a child in the situation that you are describing. It is extremely difficult to determine an answer based on the small amount of information that Avvo allows you to post. In general, the biggest problem that you will face is that you move around for your job. A child is best off with some stability in his/her life. If mom moves right away, you might be able to keep your child in Pittsburgh, but if you are going to move, then it would be up in the air. You would need to find a job where you stay in one place, preferably one that will allow you to settle in the best school district possible. Such a change would be favorable to your keeping your daughter with you.

    Speak to an attorney in detail about this question. You really need to go over every detail with someone experience in this kind of case.

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  • Can i get a public defender in lebanon pa for a custody case?

    any lebanon phone number that would be helpful in obtaining the information i need to get custody of my 2 boys. Jason Wise 717-572-4952

    Brian’s Answer

    Public defenders are for criminal cases. You need to contact legal aid for your county at (717) 274-2834.

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  • Can a modified divorce ever come to an end ?

    While paying alimony, and a significant change has occurred, such as an inheritance and life insurance policies, can the indefinite alimony end ?

    Brian’s Answer

    It depends upon the reasons for the alimony and the wording of the order/agreement. Alimony is usually not permanent in PA.

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  • If our child comes to live with me by agreement will ex be able to maintain primary custody legally?

    Our child is struggling in school an the school district is the issue. We agree that our child should come live with me to attend better school. Ex wants to keep primary custody and child support which I don't care about and agree that if those...

    Brian’s Answer

    You can work any agreement that you want. However, the child support belongs to the child, not the other parent. The other parent should not continue to receive it. He or she should pay you child support. The agreement that your ex is suggesting is incredibly selfish.

    If your child's best interest is to live with you in your school district, you can file for a custody modification and get it changed. Even better, take the agreement, have your child live with you, then file. You will be able to show the court that the child lives with you and obtain an order that reflects the new situation.

    Discuss this with an attorney so that you handle it properly and time it correctly.

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  • Should I contact an attorney

    My daughter recently graduated high school and her dad stopped paying child support . She's is starting college in the fall as a full time student

    Brian’s Answer

    In PA, a parent does not have to support a child once the child reaches age 18 and has graduated high school. If no agreement has been reached in an agreement, then you will have no way of forcing him to pay you any more money.

    Perhaps your daughter can convince him to help her.

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  • Wife won't sign divorce papers

    I want to know about how much and how long it would take to get a divorce without her signing. We have not lived together in about 6 years we have nothing to spilt we own nothing together

    Brian’s Answer

    There are no time guarantees because the other party has rights that she may want to enforce, even if nothing comes of her doing so.

    However, if she did not fight it, you might be divorced in 6-8 months, possibly less if there are no service issues and she signs a waiver of consent.

    As for cost, it depends upon the lawyer and any issues that might arise. I often charge around $1000 for a "simple" divorce. Remember, there are filing fees charged by the courts.

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  • Alimony was set for 66 months and to be removed from paycheck. Will it automatically stop or do you have to keep an eye on that?

    What do I do if I feel it should have stopped already and it hasn't?

    Brian’s Answer

    Usually, Domestic Relations keeps dates in their computer system and you do not have to do anything. However, it does not hurt to check in with them to make sure everything has been entered correctly.

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  • PA Divorce Laws

    My husband cheated and that is the primary reason I filed for divorce, after 23 years of marriage. I couldn't prove adultery because she lived 1000 miles away and couldn't get physical proof. However, early this year he physically moved the same...

    Brian’s Answer

    His cohabitation now, post-separation, has no effect on the divorce. It would also be of no help in changing to a fault based divorce. Even if you could prove the adultery from when the two of you were married and living together, a fault based divorce would likely cost more than it would be worth. Most people use no-fault because of the low cost.

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  • How do I file for child custody in another state?

    I currently live in Erie Pennsylvania but my soon to be ex and children reside in Nettleton Mississippi. I can't afford an attorney but want to file for custody of my children how do I do this ? I have been told that Mississippi has jurisdict...

    Brian’s Answer

    Ask this question in the Mississippi forum, not the PA forum. Only MS lawyers can answer this question for you.

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