Tag Archives: FAMILY LAW

What is custody law for parent with no water?

Q: My kids usually go every other weekend to see my ex. It concerns me as he has no running water in his house. I don’t know if I should send them knowing the living conditions of their dad. (West Newton, PA)

A:  I am sorry to hear that. You can probably file a motion to modify custody. It is a health and safety concern. First, you may want to investigate any programs that assist those that cannot afford utilities. If you can find a referral and he will not take advantage of it, you may have to go the legal route.

In PA, does the spouse who makes less get 1/2 the assets?

Q: Wife works full-time job making $75,000.00 per year. The husband is on Social Security disability, makes $24,400 per year. Husband has no assets (except his truck). The wife has retirement savings and stock options worth roughly $1.8 million. When divorcing in PA, is husband entitled to 1/2 of the wife’s net worth? What about spousal support if the husband was to get his own place to live (they currently live in the same place, although separated within that home) and move out? (North Strabane Twp., PA)

A: PA is an equitable distribution state when it comes to the division of marital property. This means the court tries to cut the pie in a manner that is fair, given many factors. including education, income, career prospects, other assets, the contribution of the parties, debts, etc. Generally, if you are the lesser of two earners with less income potential, you may get a larger share of the marital estate, but this is not always the case.

Is an enforcement hearing different from a contempt hearing?

Q: My sons father hasn’t paid since July of 2017. He owes over $4,000.00. There was an enforcement hearing on Monday, which I could not attend. Today, I received paper saying on March 21st there is a contempt hearing. So, I was just curious as to what goes on at the enforcement hearing and what goes on at the contempt. (Pittsburgh, PA)

A: When you hear the word, “contempt”, it is generally not good. It means that the defendant has failed to comply with an order of court. In Family Law, if a judge orders a defendant to pay X amount by X date, and the defendant does not, a contempt hearing is held. At the hearing if the judge determines that the defendant is in contempt, the law permits the judge to sentence the defendant to 6 months in jail. The ways around it are to pay the full amount by the time of the hearing or make a substantial payment before the hearing or bring a substantial amount of money to the hearing. It is generally all about money. If no payment is made and the defendant has no valid excuse for not paying, he may be spending spring and summer in the Allegheny Iron Hilton.

Can I move from Pittsburgh with my daughter?

Q: My kid’s dad pays child support. We have no custody agreement through the courts though. His name is not on her birth certificate. What should I do if I need to move to be closer to my family or to move for better work opportunities? (Pittsburgh, PA)

A: There is a statute on relocation that needs to be followed. Notice must be provided. If you just pack up and leave with the child, the father can file an emergency motion and obtain a contempt order. I would consult with a child custody attorney before planning such move.

Do I have the right to visitation?

Q: My grandchild was with me every day for 10 or more hours a day. However, his mother and I had a disagreement and she’s now keeping him away from me. It’s been 3 VERY LONG MONTHS since I saw him. WHAT CAN I DO? (Pittsburgh, PA)

A: I would consider consulting with a family lawyer to determine if under your circumstances, you would qualify for grandparent visitation or custody in a court of law. The newly amended statute has changed the requirements for grandparents and/or great grandparents to prevail on a petition seeking partial custody or visitation. Now, a grandparent and/or great-grandparent may file for partial custody or visitation of a grandchild or great-children when: (1) his or her child is deceased; or (2) when the parents of the child have been separated for a period of at least 6 months or have commenced and continued divorce proceedings; or (3) the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent and has been removed from his or her home by the child’s parents. Brief temporary absences of the grandchild from the residence are excusable. Again, it depends on the facts. Good luck.

Must I let my ex in to see my new home that I am relocating to?

Q: I have a basic custody agreement with my ex-husband. I have primary physical custody, and he gets our daughter every other weekend. We always meet in a neutral place for drop off and pick up. I recently got engaged and am moving in with my fiancée and his children. The relocation puts us closer to my ex, so it does not interfere with the current visitation schedule. I sent him an email and formal letter, giving him the information outlined in the agreement necessary for relocation: 30-day notice, address, phone number. He emailed back stating that I need to make arrangements for him to come and see the new home where she will be living. He is extremely disparaging towards me and barrages me with text messages that are downright mean. I do not want him in my new home, whatsoever. Neither does my fiancée, due to his behavior. Do I have to let him visit? My ex seems to think that I do. Nowhere in the custody order does it state that this is a stipulation. Please advise. (Baldwin Twp., PA)

A: I know of no such rule and inspecting each other’s home is not in your agreement. It is a tough question given his interest in ensuring the new home is suitable for the child balanced against your concerns of his controlling behavior. If you don’t want to let him in, don’t do it. The risk is that he may withhold custody, which may cause you legal fees, but which is a battle you should ultimately win. Is there a middle ground? Does he have a normal person in the family, like a sister, who can inspect your new home and report back to him?

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.

Do I have rights to get my daughter home if her dad is in ICU?

Q: Our child does some weekends with her dad in Ohio, usually Friday and Saturday night. However, he’s in ICU for last 48 hours and will be at least 48 more. The child at a friend’s house and needs to be picked up Sunday morning. This is still fathers time. Can I, as the mother, pick her up at the friend’s house and bring her home with me to spend night? I have her 8 months of the year about. Father’s wife cannot tell the child where to spend the day/night if me, primary care Mother, thinks it’s best for her to just sit tight at home until dad out of ICU? Want to be sure I can go get her. (Wexford, PA)

A: Just a suggestion. This is not a good time to instigate a fight over custody. You will look like a jerk. I would need to read your custody agreement carefully. In every custody agreement there is an inference that a child may be in the company of a parent’s new spouse or partner, as part of normal life in their other home. I think you would be swimming up stream if you would take this in to Family Court with a motion. You may want to talk to the wife in a civil manner to see if she can work this out with you.

If I am served with a PFA, am I protected against her?

Q: The initiator of the PFA has gone on a tangent contacting my friends spreading false rumors. Now yesterday, she went to my current girlfriend’s place of employment. This is continuous, how do I go about protecting myself from her abuse and harassment?

A:  If she filed first, you are prohibited from contacting her, in any way (directly, through others, texts, telepathically, etc.) You are not protected from her. You can try to file your own Petition, but it is likely the police or court will not take a cross PFA petition. If she just filed, make sure to get an attorney for your hearing. Until then, A) record as best you can, with photos, saving texts or emails and in a log book, all incidents of contact by her directly or indirectly, B) do not respond to her at all-either via email, text, telephone, through a common friend, C) Avoid her like the plague. Do not answer her calls, do not drive near her home, work, friend’s house, etc. Keep your blinds down, doors locked and change your routine habits. Instead of going to the gym or grocery store at the same time, go at different hours. Do not take the same method of transportation to work. If you drive, drive a different route each day, or take public transportation. Try never to be alone in public. Have your cell phone ready to record when you are out in public. If necessary, arm yourself. And, follow the advice of counsel.

Can I get arrested if I go to Family Court?

 

Q: I have three old cases from 2014. I have never been in trouble since but I have three warrants. One is a drug case and two theft cases. I never went back to court because I was homeless. I met the mother of my kids, started a family. Now she kicked me out and sued me for support. I never thought about my warrants or court again. Should I?

A: It is very likely. In Allegheny County, the Sheriff Deputies run warrant checks on litigants coming to court and can take people into custody. It is best to address this issue ahead of time, preferably with the assistance of a lawyer. A lawyer can look into what is necessary in getting a bond set on your criminal cases. It could be simple, or it could be more complicated.