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Brian Edward Sipe

Brian Sipe’s Answers

993 total


  • Please Help

    I have moved to PA from MT and I have a 3 year old son. The father is trying to enforce a parenting plan in Montana along with our divorce or "Dissolution of Marriage", which is what thy filed, but I am now residing in PA. I read somewhere that yo...

    Brian’s Answer

    From what you have written, I would guess that the MT courts have jurisdiction and will determine the answers to your questions. In general, no state allows a litigant to suddenly leave the state and ignore court orders, assuming the parenting plan was turned into a court order. You also have to wait six months before PA will take jurisdiction.

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  • Hat legal strategy can I take to stop her? Or should I just ignore what what

    I have partial custody.. The mother has primary custody. My child is in a sport. I signed my child up and paid for it. The mother has said false negative things about me to other parents at the sport. I can tell by how they look at me and their ...

    Brian’s Answer

    This is a difficult situation that most likely cannot be resolved through litigation. One issue that you will be facing is the need for a witness to step forward. If you have someone side with you, you might be able to sue for defamation, depending upon what she is saying to people, or you might be able to use the witness in a custody battle, depending upon whether the statements she is making effect your child as well as you. In general, however, the best thing you can do is make sure that everyone hears your side of things, make clear that she is a vindictive person who cannot take responsibility for her own role in the relationship, and show that whatever your mistakes were, you own them and that she does not own hers.

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  • I want a divorce due to husband abusing me and cheating. Can he refuse to sign the divorce and can I date in the meantime?

    I have names of 4 people he cheated on me with. I want this over with asap. If he can refuse yo sign the divorce can I start seeing other men or do I have to limit myself?

    Brian’s Answer

    Once you have separated, you can do anything and see anyone that you wish. He can hold up the divorce, up to 2 years after the separation.

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  • Is there such a law called grandparent rights in pa

    the other grand parents keep threatening our son that if he doesn't let them see the grandson more that they are going to take him to court under the grand parents right law

    Brian’s Answer

    I agree with Mr. Helffrich and add that obtaining grandparents rights is not easy and the parent has considerable power. You wrote that they want "more" time. If your son is already allowing them custody time, they may not be able to obtain more from the court.

    No easy answer can be given to this question. Your son needs to speak with an attorney about every relevant detail.

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  • My income will drastically low in the next year. when is the best time to address this in court to lower my child support

    I will be transitioning out of the military this year and thinking of going back to college to qualify for better paying jobs.

    Brian’s Answer

    You should file on the day that your salary decreases. The new order will start retroactively from that filing day onwards, even though the exact amount will be determined roughly 6 weeks later.

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  • If my husband purchased a home before we got married and now we want to add the spouse name to the deed but not the mortgage can

    We do this?

    Brian’s Answer

    When you buy a house as married persons but only one spouse will be on the mortgage, the mortgage lender requires the non-mortgage spouse to sign a document that releases his/her rights to the house in favor of the mortgage lender. Your mortgage lender may allow you to do this in order to add your name to the deed.

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  • Can my ex force me to pay for college for our child?

    I have joint legal custody of our child and my ex has sole/physical custody in another state (PA). Can my ex force me to pay for college tuition at any point? I don't mind paying by any means. I just don't want to get in a situation where I do not...

    Brian’s Answer

    One important question is, what court has jurisdiction over the child? If it is PA, then Mr. Hasson's answer is correct. However, if the order is from your state, and you live in a state like NJ, then you would have to pay for college. However, a NJ judge would have to hear a motion for the tuition payment, you would not automatically have to pay for whatever the child or the other parent claims you have to pay.

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  • If I can not find my wife to get divorced what do I have to post in a newspaper and for how long to get abdolute divorce

    We have been separated for 12 yrs,she left town can't find her,she cheated om me within 2 weeks after marriage

    Brian’s Answer

    You have to file a petition with the court. You do not need a private investigator. You need to request a search of the voter registration log for the county in which she lived, do a thorough yellow pages search, and do an open records search with PennDot. You also must check with any and all of her relatives that you can and document your discussion with them. That should satisfy the court. Good luck.

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  • I filed about 6 years ago and papers are still unsigned. After this long of time am i considered divorced without her signing?

    I have two boys ages 19 and 17.

    Brian’s Answer

    No, you are not. A judge must sign a decree of divorce. You need to speak with an attorney about the status of your case. You may at this time file unilaterally for a divorce.

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  • With 50/50 custody what is the best way to keep ex from relocating with the kkds

    We have had 50/50 for 4 years

    Brian’s Answer

    Ms. Boyd gave you an excellent answer. I would add that the other parent cannot simply whisk the child away. If a parent does so, the court will order him/her to return the child, often giving primary custody to the parent who has not relocated.

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