Q: A mom who has 2 minor children, ages four and seven. She has her boyfriend living with her and the children. He is sleeping in the same bed with the mom and children. And I will add, this “boyfriend ” drinks every day in front of the children,. A recent accident happened while the two children were in the supervision of the boyfriend. The 7-yearold child fell ten to twelve feet and broke his arm. Child protection is now involved, because of the above. But I would like to know the law as to whether a stranger can sleep in a bed with the mom and the children. (Pittsburgh, PA)
A: I am assuming this is not the biological father. I know of no such law. However, it doesn’t sound right by any means. I have represented pedophiles in the past who have targeted women to date with young children then involve themselves in inappropriate activities with the children such as napping together, “snuggling” on the couch and excessive tickling. I’d be concerned enough that I would tell her it has got to stop and if she does not acknowledge it is wrong, report it to CYF.
Q: I recently refinanced my home and deeded it as tenants in the entirety with my second wife. I have two adult children. I would like to have my children have interest in the property if I die before my wife. What is the best way to do this as she has no immediate family and I do not want the property to go to the state upon her death. (Valencia, PA)
A: Consult with a lawyer with whom you can share all the facts. If the house is now titled by the entireties, as husband and wife, the entireties tenancy can only be severed if the wife agrees to sign another deed, one of you dies or by court order. As tenancy by the entireties, your wife will inherit it from you when you die, and it will not pass to your estate. Therefore, you cannot pass it to your children in your will. The only way to pass an interest to your children is to draft another deed. I cannot advise which type of deed will be best for your situation, but the options would be to execute a new deed with or without your wife on it. Your children could have a tenant-in-common interest with you or you and your wife, or joint interest with you and your wife. You could also do a deed to your children with a life estate in the property granted to your wife. If she has a life estate, she can live in the property until she vacates the property or dies, then her life estate is extinguished, and your children’s interest becomes free and clear. You really need to consult with a lawyer who can advise after understanding all the facts. Additionally, you should seek approval from your mortgagee whenever you change the deed if there is a mortgage or HELOC in place.
Q: My fiancé and I want to get married but I recently got custody of my two granddaughters. Can he be able to stay in my home with me? He seems to like kids.
A: Your fiancé should know. If he doesn’t, that is a potential problem. When he entered his plea, he should have been given an explicit list of terms and conditions of his probation and Megan’s Law requirements. No one can answer this question without knowing these details or whether he was deemed a sexually violent predator. He may have been psychologically tested as part of his Megan’s Law requirement. If his story is that he lost his paperwork, or cannot remember such an important event in his life, he should get in contact with his former lawyer or probation officer to clarify. In addition, in the tragic event that something does happen, you may have criminal liability if you are aware of this past.