Famliy Law FAQ

– YOU ASK WE ANSWER –

We are often asked questions by our clients that are the same or similar in nature. To better serve you in your research of Pennsylvania family law matters, we have posted answers to some of those frequent questions here.

APaternity is the establishment of a child’s legal father.

AIn PA, a family law judge will consider 16 different factors in a child custody determination. These are enumerated here (§ 5328).

AGrandparents and great-grandparents have legal standing in PA to seek out legal and physical custody of their grandchildren. Learn more here .

ABoth parents of a child have inherent rights and standing to pursue custody. In some cases, such as where a history of violence or abuse is shown, a parent can lose those rights.

AIn Pennsylvania, child support is a separate right of the child and not connected to visitation or custody rights in any way. You should continue making payments, and consult with an attorney experienced with child custody issues to see about a modification order, a Petition for Contempt, or both.

AIt depends on a number of factors; the most weighted being whether the move is in the children’s best interests. Read more information here .

AIt is the responsibility of the parents to agree upon custody. PA courts largely prefer a mutually agreed upon custody arrangement. If your spouse disagrees w/ child’s wishes, then you may ask the court to determine custody. A judge will consider his age, maturity and reasons in weighing his desire.

ASpousal support is normally calculated following the Pennsylvania Support Guidelines. You can find them here.

AYes. There is no time limit on arrears, and you are obligated to pay all child support owed.

AIf you have a support order as part of your PA divorce decree, then PA has jurisdiction and its laws control child support age limits. However, it may be possible to domesticate your child support case to NJ. Consult with a child support lawyer to determine if this is feasible.

APennsylvania, assuming your children have lived here for at least 6 months, and there are no prior custody orders from another state.

APA stopped recognizing common law marriages as at Jan. 1st, 2005. If you held yourselves out as married before then, you would have a valid marriage and many implications could apply. Talk to a local family law attorney about your situation.

AIn a PA uncontested, no-fault divorce, time begins tolling on the 90-day waiting period as at the date the Complaint for Dissolution of Marriage is filed. However, if other matters /complaints are brought up, these will normally need to be resolved before the decree is issued.

A“In loco parentis” is Latin for “in place of the parent.” It could have numerous implications as to child custody where a non-parent is acting as a child’s parent over an extended period of time. Consult with a qualified PA child custody lawyer about your case.

AA second parent adoption occurs when the parental rights to a child are terminated by only one natural parent. The process can apply to a step parent, same-sex parent, grandparent, or great-grandparent.

AA Qualified Domestic Relations Order (QDRO) is a court order creating formal recognition of another person’s right to retirement monies held in a pension plan, deferred compensation plan, and/or 401k. You cannot properly divide interests in these assets without the QDRO, as they are also federally regulated. Seek your own advocate and talk to a divorce settlement attorney as soon as possible.