Questions Answered by Eric Michael Gibson - Justia Legal Answers

• 8 February 2013Q: How do I go about getting a publication divorce?
  A: You have make an effort to locate your spouse and then petition the court for service by publication showing you made such effort. The amount of effort will vary depending on the facts of each case.
• 8 February 2013Q: April 2003 was charged and pled guilty to 18 § 5504 §§A1 - Harassment by communication
  A: It may have been repealed for a number of reasons and this does not mean you are entitled to have it expunged. That crime now exists under 18 Sec 2709. However if it was a summary offense there is a procedure for expungement when you have been crime free for 5 years since the conviction (guilty plea.)
• 31 January 2013Q: I am in PA, HUbbs is in nursing home in Canada, separated since 2007. How to file for divorce?
  A: You can file in your county under 3301(d)(1) Irretrievable breakdown - living separate and apart for 2 years. Contact a local family law attorney
• 31 January 2013Q: My mother found a wallet in a store, didn't turn it in right away, now they want to charge her for theft what can she do
  A: She should get a lawyer because it sounds like she has a pretty good defense. THEFT OF PROPERTY LOST, MISLAID: A person who comes into control of property of another that he knows to have been lost or mislaid . . . is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it. Sounds like she took reasonable measures to restore the property. They also need the victim to testify that she didn't have permission to have his wallet. In this case it seems like the victim may agree she had permission to return the wallet to him.
• 31 January 2013Q: How do I obtain free forms to expunge my criminal records?
  A: Check your county's court website, law library or with the probation office.
• 31 January 2013Q: Can one parent restrict who a child sees?
  A: If there isn't a court order than the short answer is no. However there is nothing preventing either parent from withholding custody or altering the custody arrangement either.
• 31 January 2013Q: I am recently separated and my ex just moved out and took my son to an unknown address. Is that legal?
  A: It depends, but if there is no court order you both have custody rights - however PA does have relocation laws which your ex may have violated. You should file for custody immediately.
• 31 January 2013Q: How does someone terminate parental rights voluntarily
  A: This is normally done in the context of an adoption either by another adult (such as a stepparent) or by putting the child up for adoption with an agency. A party needs to petition the court and consent to the termination.