What’s a “second parent adoption,” and does it apply to step-parents?
A 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.
What is “in loco parentis” and how can it affect my child’s custody?
“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.
How soon after we sign our divorce papers will the divorce be final?
In 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.
We have 2 children & lived together for 10 years. Now apart, ex says we have a “common law” marriage in PA, is this true?
PA 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.
I live in NY and my children live in PA. Which state do I file for visitation in?
Pennsylvania, assuming your children have lived here for at least 6 months, and there are no prior custody orders from another state.
I am custodial parent in NJ, NCP lives in PA where divorce was decreed. NJ child support laws are effective through college, so can I file for a support order in NJ?
If 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.
How will my child support be calculated?
Courts have some discretion in methods used to determine support. Generally, the PA Support Guidelines will be the framework for calculation.
I owe some back child support, but my child is now 18. Do I still have to pay?
Yes. There is no time limit on arrears, and you are obligated to pay all child support owed.
How is spousal support calculated?
Spousal support is normally calculated following the Pennsylvania Support Guidelines. You can find them here.
We are filing for divorce and our child wants to live with me full-time. Will the court take his preference into custody determination?
It 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.

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