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Jennifer J. Riley
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Jennifer Riley’s Answers

25 total

  • Now, can we get separated in PA with mutual consent? If so, is it valid in India. Or any other option to improve our situation?

    Hi, I am not sure, which category I fall into. Please suggest me how I have to proceed. Me and my wife are Indians working on H1B Visa and have been living together in a rented apts in PA for almost an year now starting June, 2015. We were mar...

    Jennifer’s Answer

    • Selected as best answer

    I am sorry to hear that your marriage is threatened. Even if you attempt reconciliation, it is important to obtain a consultation to best protect your financial assets. There is a "date of separation" for purposes of valuing marital assets and liabilities and learning about how that impacts you is important. I recommend seeking a consultation to best understand your legal rights.

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  • Can I move to another county even though it's 35 mins away?

    I have a legal custody agreement with my daughter's father. She is 3 years old. She attends daycare in Havertown on the days he have her. He gets her at 1030a on Sunday's (I drop her off to him) through 430p on Wednesdays (I pick her up at daycare...

    Jennifer’s Answer

    The custody statute sets forth the procedure you must follow to relocate. A move to a new county is a relocation. You must provide notice to dad, and he has the right to object. If he objects, you must request a hearing. This is a matter that should be discussed with an attorney as the law sets forth firm requirements. A consultation with an attorney now will likely help save you conflict later.

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  • In the case of emergency custody, does the current custodian have the right to dictate visitation and child support?

    My boyfriend does not have legal custody of his children and neither does his wife. When their son was born, he was ill and addicted to drugs so the state gave emergency custody of both his kids to his mother-in-law. He's been dying to see them bu...

    Jennifer’s Answer

    If there is a current custody Order in place, the Order sets forth the schedule for custody. However, custody is always modifiable. A parent can file to modify custody if a change in the schedule is in the best interest of the child.

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  • How (or can I) terminate my rights and support obligations as there is no meaningful child contact?

    I live in Pa in different county (Montgomery County, Pa) than my kids (Lancaster, Pa ). I've Been paying child support since separation and divorce. Am remarried, and due to financial circumstances have not seen or spoken to kids in over 6 yrs (1...

    Jennifer’s Answer

    You have an ongoing duty to support a child unless, as the other attorneys have indicated, another person adopts your child and your rights are voluntarily or involuntarily terminated. However, if your ex is not following the terms of the custody order, the Court offers mechanisms to enforce the Custody Order. If your ex is in contempt of the Order, she will face consequences. Although retaining counsel would be the easiest way to proceed, you can certainly represent yourself to fight for your rights....and for your child.

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  • Divorced dad my ex when out of town with new husband for 2 days left our daughter with her brother that is over 21

    is that illegal

    Jennifer’s Answer

    Do you have a custody order in place? You should have a "right of first refusal" in the order -- if you do not, you might want to modify the agreement/order so that you do. The right of first refusal requires a parent who cannot be with a child to offer the other parent the opportunity to spend that time with the child, in lieu of a third party. I would recommend obtaining a consultation to discuss your options with a local attorney. If you already have an order that includes the right of first refusal, an attorney can guide you as to whether you will want to file for contempt. There are remedies available to you to protect the best interest of your daughter

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  • Can custodial parent stay home and claim vacation just to keep my daughter from seeing me?

    Custodial parent is unemployed, custody agreement allows for two weeks of vacation time for each parent. I only see my daughter 2 days a month. Both of the staycations were planned on my visitation.

    Jennifer’s Answer

    If there is no provision providing for you to receive "make up time" I would recommend that you file to modify the custody agreement to protect your time with your child. It would be a good idea to consult with an attorney to review the agreement to make specific recommendations for your case. All the best!

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  • Is this a child custody factor?

    My daughter is 5. She cries every time she goes back to the mother. The mother has more custody than me. I am taking the mother back to court for more custody for other reasons. Should I tell the judge this? My daughter does not cry when i pick h...

    Jennifer’s Answer

    There are many factors used to determine an award in custody. I would recommend that you consult with an experienced attorney to discuss those factors, and to best present your case to the master or a Judge. The court will look at the best interests of the child.... and if your child is adversely affected by the transition back to Mom's house, it's important to share that information.

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  • What can I do if my custody or says the Mother is to provide all transportation and she refuses?

    I have had issues with my license being suspended off and on because of back owed child support. In our custody agreement it states the Mother shall provide all transportation until Father's driver's license is restored. Since the order was made...

    Jennifer’s Answer

    You have a few options. If you believe she is in contempt of the existing custody order, you can file a Petition for Contempt of Custody. Alternatively, you can file to modify the existing custody order so that it clearly states Mother must handle transportation when you do not have a license to drive.

    If you are experiencing difficulties paying your child support obligation, I would also suggest that you seek legal assistance to modify the obligation to an amount you can afford to pay.

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  • How easy is it to change a custody stipulation?

    So my sons mother is married and the guy is just not a nice person whom i dont want my son to be around, but i signed a custody stipulation a little while ago that grants her full medical and full custody, what are the chances i can get this chang...

    Jennifer’s Answer

    Child custody is always modifiable, and based on the best interests of your son. I would recommend that you consultimate with an attorney to provide more details and to discuss your options. Our firm provides free consultations, and I would be happy to discuss this matter in more detail.

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  • Will I have issues getting full custody?

    My significant other and I are splitting up (we are NOT married). I would like to have full custody of our daughter. Will I have problems? The main reason we are splitting is because he had/has a major opiate/pill problem when our daughter (now...

    Jennifer’s Answer

    It is generally advisable to finalize a custody agreement, or file for custody to obtain a court order, as soon as you know you will be moving from the same home. Given the circumstances in the relationship, and the dangers substance abuse can present to a child, I suggest you schedule a consultation with an attorney to review your options. I offer free consultatons and would be happy to discuss how best to protect your child and your rights.

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