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Susan J. Sacchetta

Susan Sacchetta’s Answers

25 total

  • Visitation of a child

    My sons father is engaged to a female who has bipolar. When she doesnt take her medication she threatens to kill herself and they argue. My son comes home from his fathers house and tells me how much they argue and curse at eachother. Im wondering...

    Susan’s Answer

    Yes, you have the right but assuming that he is currently seeing your son as a result of a Custody Order you will need to seek court intervention so that you are not violating that order. If there is immediate danger you can file an emergency petition to get you into court to seek a modification of the custody Order. If there is no court order, you should file to get one. Either way, ask that a custody evaluation take place of any member living in his household. The evaluator will need to be made aware of the situation so that he/she can base their opinion on this information.

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  • Divorce no Children Military

    I am a recalled reservist currently going through a divorce in WA. My husband lives in our home with his girlfriend and her children, while I am stationed in VA. I stopped paying half of the mortgage 6 months after we legally separated and he got ...

    Susan’s Answer

    The military provides legal counsel to its soldiers. I would suggest that you seek that counsel as soon as possible to avoid blowing any appeal/reconsideration time periods. I believe that the Soldiers and Sailors Act completely protects you in this regard, but not if you don't act on it.

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  • Child custody case

    can medical records be admitted in a custody case

    Susan’s Answer

    In Pennsylvania, and most likely in Arizona, Medical records if relevant and presented appropriately are admissible.

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  • Child Support

    I recently filed for child support for my daughter after eight years. I use to work with the guy and it was more than a night stand but I wouldn't quite call it a relationship. I told the guy upfront that he was the father. He called me once when ...

    Susan’s Answer

    The question is what does he mean by "joint custody?" Is he talking about shared physical custody and threatening that he will seek to have your daughter 50% of the time or is he talking about periods of partial physical custody? Shared physical custody is not likely to result, but it probably just a threat to keep you from seeking support. Partial physical custody means he has her some of the time and unless he is not fit as a parent that is probably a good thing. If he does seek partial custody, it is likely that the Court will start out slow with perhaps a dinner visit for a few months working towards an eventual over night and ultimately perhaps even an alternating weekend type schedule. If she has no other father figure in her life and if he is a healthy father figure when he enters her life, this is probably in her best interest. However, if he is not then you can weigh the pros and cons regarding the support you need for your daughter and the ramifications that having him in her life might present.

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  • Should he be able to claim her without my permission

    I have one daughter and her father has not been around for years. He pays child support but for the last 4 years it has been off and on. We have no custody agreement but I am the primary caregiver. He does not bother with her and has not seen her ...

    Susan’s Answer

    As the custodial parent, you claim your child unless you agree otherwise or unless a court has ordered otherwise. He is not entitled to any of the refund as that was factored into your net monthly income when the support amount was arrived at. Domestic Relations takes into consideration the tax obligations of both parties when arriving at the net monthly income on which to base the support obligation. If for some reason you agreed that he take the tax deduction then his monthly support obligation would actually increase to account for this reduced tax obligation.

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