Kathryn Hilbush

Kathryn Hilbush

Experienced, compassionate family law attorney in Delaware County
  • Family Law, Divorce, Domestic Violence
  • Pennsylvania
Badges
Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Family Law
  • Divorce
  • Domestic Violence
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Pennsylvania
Languages
  • English
Professional Experience
Law Office of Kathryn L. Hilbush
- Current
Attorney
Fronefield & deFuria
-
Education
Pennsylvania State University - University Park
B.A. / Political Science
University of Baltimore School of Law
J.D.
Awards
Best Divorce Lawyers
Main Line Times
Best Family Lawyers
Main Line Times
President's Special Recognition Award
Delawre County Bar Association
Professional Associations
Pennsylvania State Bar
Member
Current
Pennsylvania Bar Association, Family Law Section
Member
Current
Delaware County Bar Association
Member
Current
Delaware County Bar Association
Chairperson, Famiy Law Section Divorce Subcommittee
- Current
Delaware County Bar Association
Chariperson, Family Law Rules Committee
-
Delaware County Bar Association
Board of Directors
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Delaware County Bar Association Family Law Section
Chairperson
-
Speaking Engagements
How to Read and Understand Income Tax Returns, Training for Domestic Relations conference officers, Media, PA
Domestic Relations Office
Certifications
Mediation
Center for Resolutions
Websites & Blogs
Website
Legal Answers
141 Questions Answered

Q. I live in Washington PA and my niece and nephew live in florida am I able to file for visitation rights?
A: You'd have to file in FL but, as I don't practice in FL, I can't tell you whether you have legal standing under FL law to do so. This question ended up in the PA lawyer forum because you're from PA, when it should have been in the one for the FL attorneys
Q. Help until the courts intervene with custody interference, contempt and modification
A: It's hard to know what options you might have because I can't read your custody order. I assume you've filed something to have the order modified, but you don't have an attorney. Has this current problem convinced you that you shouldn't be doing this without representation yet? I suggest that you get in to consult with an experienced family law attorney in the county where your order was entered as soon as possible because you're currently stuck in an untenable situation and really do need help.
Q. Child talks about Mom getting drunk while he is with her. She lives 1 1/2 hr away. DO I have any legal grounds?
A: I think you posted a similar question which I just answered. In answer to your hearsay question, generally speaking, repeating what someone else told you is always hearsay unless that person is there to be questioned by the other side. If you'll review my other response, you'll see that I gave you some of my thoughts on how a six year old might say one thing which may, in fact, have a completely different meaning to an adult. Also, children of that age still have a loose concept of time. Everyone's familiar with "Are we there yet?" which is repeatedly asked. Children will also often condense multiple incidents into a single one and expand a single one into several. I suggested that you try to get the mother's agreement to take the child to a counselor because, in a counselor's office, the child may feel comfortable wth repeating what you've been told. That will give you more support for taking mom to court. I also suggested that you meet in person with an experienced family law attorney in your area to discuss any options available to you under the terms of your custody order.
Q. Can my husband pay child support for a child that the mother gave to another man?
A: That's going to be tough. In PA, there is a presumption of paternity. That means it is assumed that a child born during a marriage is a child of that marriage unless there is clear and convincing proof that the husband could not be the father. There was a recent case where genetic testing proved that a child was not the husband's, the court still would not grant custodial rights to the biological father because the husband had been raising the child as his own. The court felt it was in the child's best interests to continue that. So, if your husband wants to try this, he's going to have to prove to the court that it's in the child's best interests to have him in her life. He'd better consult with an experienced family law attorney to learn more about this before taking on this challenge..
Q. What should my action be when suspected unsafe conditions?I
A: This is a tough situation because sometimes, when children relate what goes on when they're with the other parent, they're relating the events in a way which doesn't necessarily mean the same thing to them as it does to adults. For example, he could say she's getting drunk all the time because he sees her having a beer or glass of wine and then laughing. Or he may say they sleep "wherever" because he falls asleep when they're out. Or, he could be completely accurate in what he says and that's where the problem lies - how do you know? Is there anyway you can get the mom's agreement for him to talk to a counselor? Since you share legal custody you really should have her agreement. If you have an attorney, you should discuss this issue with him/her. If not, I suggest that you consult with an experienced family law attorney in your area to discuss options available to you under the terms of your custody order.
Q. my husband had a baby with a girl. He wants to be the child life but the mom denies him all access what are his options?
A: Your husband should consult with an experienced family law attorney in the county where the baby is living to discuss filing for custody. He will have to obtain proof that he's the father if that hasn't already been established. If he's the biological dad, he has the right to develop a relationship with the child. Be forewarned that a custody action will likely prompt a support action against him.
Q. I am the custodial parent and my ex wife has visitation can she take my child to sleep overnight at her boyfriends?
A: Obviously you realize that she and her boyfriend are both violating the PFAs against them by doing this. The situation is surely odd. Whether your child is in danger is hard to know, particularly with the limited information provided. My suggestion is that you have a consultation with an experienced family law attorney in your area. At that time you can more fully explain the situation and get some advice based on what you discuss.
Q. I've had an emergency custody order in pa for 3 years now and mother never pursued. Now she wants custody.
A: Generally speaking, both parents have legal rights to their children unless those rights have been terminated in connection with an adoption, so, yes, she can file. Do you have anything to worry about? Well, that depends on what you mean by "anything." The court evaluates 16 factors when making a custody determination. I've provided you with the link. Read sections 5328-5330 specifically. Being absent from a child's life for 3 years will certainly not weigh in her favor, but without knowing all of the facts of the situation, it's unwise to even venture a guess as to how the court will evaluate the other factors. I suggest that you review the factors yourself as, at this point, you know the situation best. After that, I suggest that you consult with an experienced family law attorney in your area. http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
Q. Does a non martial childs biological father have rights or does my husband have rights?
A: Mr. Hyde is correct - what a mess. Has you husband treated this child as his own? Do they have a significant bond? In PA we have paternity by estoppel, which means that if the child was born during the marriage, the husband is presumed to be the father. However, it gets more troublesome when the marriage is no longer intact, potentially opening the door to the biological father. Recently in PA , there was a case involving the husband seeking DNA. It was done and showed he was not the father. Then the supposed biological father filed for custody and proved through genetic testing that he was the father. The court did not allow him the have custody, however, because the husband had raised the child. So, I hope this encourages you to sit down for an in person consultation with an experienced family law attorney in your area.
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Contact & Map
200 North Jackson Street
Media, PA 19063
USA
Telephone: (610) 892-7511
Fax: (610) 892-7522