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Randi Joy Silverman

Randi Silverman’s Answers

1,204 total


  • Do I need to mail a copy of a Petition for Special Relief (Custody) to my ex husband and his attorney prior to the hearing date?

    I filed a Petition for Special Relief (Custody) in Cambria County, PA. There is a custody order that has been in place since 2009 where we share 50/50 custody. The Petition is in response to domestic violence (between my ex and his girlfriend) t...

    Randi’s Answer

    Yes, you are required to serve a copy of the Petition on the father's attorney if he/she is still counsel of record for him. If the attorney has withdrawn as his counsel, you are required to serve the father. Typically, a Certifficate of Service verifying that you served a copy on his attorney is attached to the Petition and a copy is served when you file the original document. However, you can send a copy to the attorney now and then file a Cerifidate of Service separately. You should hire an attorney, but it is going to be difficult to find someone who is available if you wait much longer since you already have a scheduled hearing date.

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  • Will I be able to re-schedule my pre-trial conference until I get a lawyer?

    My estranged husband, who has delusions, mild mental retardaton, and slight paralysis in his hands and arms; is trying to get shared custody of our 2 daughters ages 6 and 20 months. I don't have a lawyer yet due to a misunderstanding and a referra...

    Randi’s Answer

    If you explain the difficulties that you have had in your efforts to hire an attorney and you request a continuance, the Hearing Officer may be sympathetic and agree to reschedule the conference. If the other side objects, it will be up to the discretion of the Hearing Officer. I would suggest that you speak to the other attorney before the conference and that you ask if he/she would be willing to consent. You may have a better chance of getting the continuance of you handle it that way.

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  • Spouse took titles to ensure I don't get any monetary value out of the cars and bike if I file for a divorce. Can he do this?

    Spouse owns 3 cars and a bike that were purchased during our marriage.

    Randi’s Answer

    Not having physical possession of the titles does not prevent you from receiving your marital interest in the value of the vehicles. You should speak with an experienced family law attorney for an explanation of your rights.

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  • What can I do?

    Ex husband was awarded house if he refinanced in his name only within 3mos. After 3mos he needed to contact a trustee and get house sold. It's been 2yrs and house is still in both our names. No trying to refinance or contact a trustee. He is late ...

    Randi’s Answer

    If the terms that you outlined in your question are contained in a written Agreement, you can file a Petition for enforcement of the agreement. Typically, the Agreement also states that if one of the parties violates the terms of the Agreement, they are responsible to pay the other party's reasonable fees, including counsel fees. However, it is up to the Judge's discretion. Based upon my experience, however, counsel fees are rarely awarded in Somerset County. If he will not comply, there is little that you can do other than to retain an attorney and file a Petition.

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  • What happens next? Do I need to refile?

    I left my husband in February 2014. I filed for divorce in June of 2014. He received the divorce papers but never signed them. My attorney also sent him a letter of acceptance and he never responded to that.

    Randi’s Answer

    Since you have an attorney, your questions should be answered by him/her. If your husband was never served with the Complaint, it must be reinstated because it must be served within 30 days of filing. This is a fairly easy process.

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  • What is the best way for me to handle getting out of this marriage?

    My husband left years ago. Filed for divorce, came back several times, stopped the divorce at one point, but ended up leaving again. He won't even speak to me now. We work together. He just looks passed me.

    Randi’s Answer

    The best way to end the marriage is to first seek legal advice from an experienced family law attorney. This is the best way to ensure that you are taking steps that are going to result in the best outcome for you. Also, the process is less frightening when you understand how the court system in your county works. The more information you have, the better protected you will be.

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  • Where do we file

    My boyfriend is currently getting divorced from his wife. We live in PA her and there kids live in WV. He has signed a paper giving her primary custody of there oldest but not the youngest child. She has said she wants to give us the oldest and ha...

    Randi’s Answer

    If the mother will not agree for the children to live primarily with your boyfriend, he will need to file a custody action on WV. I would suggest that he meet with an experienced family law attorney who practices in the county where the case would be filed for more specific advice.

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  • Chances of custody modification

    My ex husband and I went to court last year when he filed for full custody. He did not get it but I agreed to give him 50/50. Shortly after that he received a dui and hid it from me. He has not yet been sentenced because his lawyer is postponing i...

    Randi’s Answer

    I agree with Attorney Axinn that additional information is needed in order to answer your question. Typically, it is difficult to disrupt a shared arrangement, so you need to speak to an experienced family law attorney to discuss whether you should Petition the court for a modification.

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  • Custody and divorce attorney

    We are currently separated almost going on two years I am currently looking in to starting a business is my wife entitled to any of it

    Randi’s Answer

    Generally, the answer is no, but you should speak to an experienced family law attorney before you start your business to make sure that there aren't other issues that you should take into consideration.

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  • My custody says when I have 2 days off in a row I get my son he might be going to head start.can I still getmy son during the wk

    my custody says when I have 2 days off in a row I get my son. there might be a chance he is in head start he tells me he goes to school I have 2 days coming up Monday and Tuesday I'm off so I should get him. my custody was done when he was 2 it sa...

    Randi’s Answer

    If you have an attorney, you should consider contacting him/her to ask this question because your attorney will be able to interpret the Order for you. If you don't have an attorney and you are not permitted to speak to the other parent, you may need to retain an experienced family law attorney to file a Petition to clarify or modify the order that you have.

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