Lisa Marie Vari’s Answers

Lisa Marie Vari

Pittsburgh Divorce / Separation Lawyer.

Contributor Level 14
  1. Hello If you are paying childsupport and the child is spending before and after school at your home is that co-parenting

    Answered 26 days ago.

    1. Lisa Marie Vari
    2. Fritznie Abigail Jarbath
    3. Robert Jason De Groot
    3 lawyer answers

    You may be able to have your child support reduced if these are circumstances which have changed since entering your final judgment. You have to file a petition for modification and along with it, a motion to deviate from the child support guidelines citing specifically your increased time with your child. Co-parenting has more to do with decisions that affect the welfare of a child and the duty you and your ex have to confer on these issues. Child support is generally a separate issue.

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  2. What can a judge do if a custodial parent is drug tested (requested by non cust parent) only to reveal traces of cannabis?

    Answered 4 months ago.

    1. Lisa Marie Vari
    2. Scott Michael Weiss
    3. Robert Jason De Groot
    4. Penny Taylor-Miller
    5. David L. Hirsch
    5 lawyer answers

    A court may order you to submit to random drug testing, so it is good that you are no longer using. A positive drug test is not alone a basis to deny a petition for relocation, but drug use is something the court can certainly consider in analyzing the best interest of the child. In relocation cases, I think the court is more concerned with how the move will affect the child and the child's relationship with the non-relocating parent. So while you should do everything you can to keep your...

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  3. If my ex wants gain full custody of our child, can i move out of home with child during this process?

    Answered 8 months ago.

    1. Lisa Marie Vari
    2. Cash Alexander Eaton
    3. Robert Jason De Groot
    3 lawyer answers

    You are bound by the court order in place regarding custody until a new order is issued amending the current custody order. When you say you were "given primary guardian" of your son, it sounds like you mean the court granted you full custody/time-sharing of your son. If this is true, depending on what other terms are in the original order, you are likely allowed to move out of the home you share with your ex, keeping in mind that pursuant to Florida law, you cannot relocate 50 miles or more...

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  4. Can one parent voluntarily sign over their parental rights, and without the consent of the other parent?

    Answered 5 days ago.

    1. Lisa Marie Vari
    2. William Charles Rosenfelt
    3. Jeffrey B. Lampert
    3 lawyer answers

    Him being on the birth certificate creates a presumption that he is the father, but to formally establish his parental rights and obligations (visitation, child support, etc.), a paternity action needs to be filed. Generally, Florida law does not allow a parent to just voluntarily surrender his/her parental rights, especially when there is no one willing to assume the surrendering parent's rights/obligations.

    5 lawyers agreed with this answer

  5. How can I sign over my parental rights

    Answered 2 months ago.

    1. Lisa Marie Vari
    2. Gregg R. Brennan
    3. David L. Hirsch
    3 lawyer answers

    When you say "sign over" your parental rights I presume you want to know how to terminate your parental rights so that you have no further rights or obligations concerning your child. You can do so in the context of an adoption or a dependency case. If there is an adoption, you can agree to relinquish your parental rights so that someone else can assume the role. The information that follows your question is unclear, but generally one cannot just give up legal responsibility for a child without...

    5 lawyers agreed with this answer

  6. Is the alimony I receive considered as income if I'm requesting more child support?

    Answered 5 months ago.

    1. Howard M Lewis
    2. Lisa Marie Vari
    3. Gregory Thomas Buckley
    3 lawyer answers

    Yes, alimony is income to you and you should list it as such on your financial affidavit.

    5 lawyers agreed with this answer

  7. What happens if there are two income deduction orders?

    Answered 5 months ago.

    1. Vera Bergermann
    2. Lisa Marie Vari
    3. Robert Jason De Groot
    3 lawyer answers

    The answer depends on where each order was entered. If both were entered in the state of Florida, usually the first order has priority, and the second order must take into account the first order when calculating what child support should be. You should hire a lawyer right away to address this since the longer you wait, the less likely you are to get an order overturned, and there are specific steps you must take to get an order vacated. It does not matter if the orders are temporary or...

    5 lawyers agreed with this answer

  8. Mother of Child relocated kids

    Answered 7 months ago.

    1. Lisa Marie Vari
    2. Brent Allan Rose
    3. Jordan Gerber
    4. Hernan Hernandez
    4 lawyer answers

    You should file a paternity action right away. The more time that passes, the less likely you are to get a judge to agree that the children should be returned to Miami. Under the law, since you did not have a custody order in place and were never married to the mother, the mother is considered the natural guardian of the children and therefore has the right to custody and sole decision making at this time. The way to assert your rights is through a paternity action in which you establish your...

    5 lawyers agreed with this answer

  9. I have a question regarding my case. On Saturday, I went to visit my dad and at his house. My sister doesn't live there at all

    Answered 10 months ago.

    1. Lisa Marie Vari
    2. Kathryn L. Hilbush
    3. Lidia L. Alperovich
    4. Jonathan Randall Altschuler
    4 lawyer answers

    In Pennsylvania, if there has been actual or threatened physical abuse including the placing of another in reasonable fear of bodily injury by stalking or otherwise, a Protection From Abuse (PFA) order may be entered by the court. PFAs are considered quasi-civil matters because although they are entered by family courts in Pennsylvania, the violation of an existing PFA order can be considered a criminal offense. PFAs may only be filed against family or household members including parents,...

    5 lawyers agreed with this answer

  10. Can my ex change our 50/50 custody agreement after 5 years simply because he wants her full time?

    Answered 10 months ago.

    1. Lisa Marie Vari
    2. Kathryn L. Hilbush
    2 lawyer answers

    I agree with Attorney Hilbush's advice. However, since it is unclear, I would also add that whether or not you have an existing Child Custody Order is important to determine what your next steps may be. Your question indicates that you have an "agreement." If the "agreement" has been memorialized in a Consent Order of Court and Father is preventing you from exercising your custodial time under the terms of the existing Order, then you may want to pursue an action for Enforcement of the Order...

    5 lawyers agreed with this answer

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