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Brian Edward Sipe

Brian Sipe’s Answers

1,118 total


  • Do I have to let my son go to his moms out of state if there is no custody agreement?

    My sons mom left state one day and had no contact with us for 36 hours. She ended up going out drinking and cheating. Came back to pa and said she was moving back to Ohio. Left me with our son. I do want her to have a relationship with him but sin...

    Brian’s Answer

    I agree with Ms. Hiibush and I would add that, if you go to court and allege the irresponsible behavior. the court may disregard it simply because a parent may act any way he or she wants when not with the child. Most people would change their behavior when with a child. So Ms. Hillbush's suggest that you file ASAP for a custody order is a good one. You have had the child for seven months, so there is a history there that suggests you should be the primary custodian. She has relocated without the child, so the court may be more sympathetic to you. I suggest that you file for custody right away.

    Obtaining a custody order will allow you to give your child to her mother without any worries as to what will happen. That is important because, regardless of behavior, she is the mother and a child needs both parents.

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  • Where Can I find out who is court appointed legal guardian/caretaker for my 16 and 14 year old nieces?

    Years ago my mother (the grandmother) had the parents signe over custody of the children because they were BOTH on drugs (about 9 years ago) I need to find out if she still has legal custody or if one of the parents do now. Thank you for your t...

    Brian’s Answer

    The prothonotary of the county which has jurisdiction over the custody case has a copy of the last custody order.

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  • Does father need a modified custody order to move daughters to new school district?

    Mother has primary custody. She just informed father, whom has partial custody, that she is checking herself into a 30 day rehab for alcohol abuse and severe depression. Custody order states that father assumes custody when mother is incapacitated...

    Brian’s Answer

    How can someone whose alcohol problem puts her in rehab have custody of children? That in itself seems like a reason for the court to give custody to father. Does he have a similar problem?

    Maybe father should put the girls in the new school and then file a petition for custody modification, based upon mother's alcohol problem and the new school situation. The court might then give him at least a temporary order for the rest of the school year.

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  • Asking for dismissal

    Our divorce final trial will be in two weeks away, we have had a very contested custody dispute. My wife has had an emotional affair with someone. I am just wondering if it is a good or bad strategy to ask her and see if we should drop the case an...

    Brian’s Answer

    Reconciling would probably not effect anything as far as the legal issues go. Speak with your attorney. Ultimately it is a personal decision between the parties. No one can tell you whether you should or should not. As long as you are doing it for the right reason, then you should let nothing stop you from inquiring about it. But what is your reason? You went all the way to the final hearing, and now suddenly you want to reconcile. Are you sure that you have not simply become worn out and unable to continue the struggle? Does it suddenly feel real to you that you are divorcing and now are realizing that you are losing something that you value? Speak with a therapist who specializes in issues related to divorce. Get straight your motivation in this situation. If you still want to, you can speak directly to your spouse about reconciling. But remember, you can finalize the divorce and then work on being friends with your (ex-)spouse. That would be no harder than reconciling.

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  • Can I move to IL from PA with my minor child with father's consent without going to court if it is in writing and notarized?

    My children and I need medical assistance right away, all my family is in IL. I have a house to live in with my children, a job lined up. I am currently unemployed. Medical assistance is denied for my children and myself. The current situation is ...

    Brian’s Answer

    If you do not follow Ms. Gray's advice, the father can file a contempt petition against you and force you to return the children to PA.

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  • Can I go take my son from my ex/his great grandmothers house?

    My ex got a custody order in TX in 2010.She brought my son to my residence in PA in 2012 and left him here and went back to TX. He was severely abused and I got a protection from abuse order against her for 18 months. She never came to any hearing...

    Brian’s Answer

    There is something unclear in your question's facts. Did you go to Texas and get the Texas court to release jurisdiction to PA? If not, then the custody order in TX is still in effect. You cannot use Pennsylvania courts to change Texan court orders without first dealing with the jurisdiction issues. This may be why the TX police would not enforce your order. If you had an order from Texas releasing jurisdiction along with a new PA order, they would have had to follow it.

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  • If abandonment is filed and granted are they still responsible to pay their child support?

    I am currently receiving child support on a weekly basis from the biological father. It has been over 6 months since he has seen or had any contact with his son. Although I am remarried; I do not have plans to have my new husband adopt my son; a...

    Brian’s Answer

    I do not know what you are referring to by "abandonment." A biological parent must support his or her child regardless of whether he or she ever sees the child. If you believe that you are going to be able to get the court to refuse to allow this parent access to their child, you will not get far. A parent does not give up his or her right to see a child simply by never using that right. What you can do is get the custody order modified to your benefit by explaining to the court what you have written here, and arguing that not knowing whether you have to take care of your child or not is creating a burden on you by making it hard to make plans. The judge may give you more time and require the other parent to start exercising his rights before receiving more time. (The quality of the relationship between parent and child play s a role in determining custody.)

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  • Is child support a transparent civil order?

    I am the payer of child support to my ex for 1 child. During the in initial child support conference she was unemployed and listed 400$ a month as her earning capacity. She then got a job a 2 weeks after the conference. Will I basically get rev...

    Brian’s Answer

    You need to file either a petition to modify or Exceptions, depending upon how far along your case is. Domestic relations will most likely not change your arrears on their own. If you file a petition to modify, you will have to ask for a hearing before a judge in order to get the arrears changed.

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  • How do I lower child support

    I recently was discharged from the army and I am now unemployed. My ex and kids live in Nc and I live in Pa. I am still being told that I have to pay the same amount a month in child support and its more than I make now on unemployment. I don't kn...

    Brian’s Answer

    You have to file a petition to modify in the county that has jurisdiction over your case. Do it ASAP because the modification will begin on the date of the filing.

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  • I want to file to regain primary custody where do I file?

    My daughter lives in Chester county and has since 2014. I would like to regain primary custody of her because her father is trying to alienate me from her life. I only have visitation on the weekends. She feels as though she is not loved and is be...

    Brian’s Answer

    You have to file in the county in which the last custody was issued.

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