👶 CHILD CUSTODY
How do I file for child custody in Pennsylvania?
You file a custody complaint with the Court of Common Pleas in the county where your child lives. The court will then schedule conferences or hearings to begin the process. If you prefer help preparing the filing, our legal team at Van Horn Law, based in Allentown, PA, can assist.
What do judges look at in PA custody cases?
Judges use 16 legal factors to decide what arrangement best supports the child's well‑being. These include safety, stability, each parent's involvement, the child's routine, and any history of abuse. The court's focus is always on the child's best interest.
How do I change a custody order in PA?
You must file a petition to modify the existing order. The court will only make changes if circumstances have meaningfully changed since the last order. If you need help presenting those changes clearly, Van Horn Law can assist.
What happens if the other parent won't follow the custody order?
You can file a contempt petition with the court. Judges may issue penalties, make-up parenting time, or changes to the order to ensure compliance. Legal representation is often helpful in these situations, and our legal team at Van Horn Law can support you through the process.
How does custody work if parents don't get along?
The court may create structured schedules or require communication through parenting apps to reduce conflict. Judges focus on stability and routine for the child, not the parents' disagreements. In high‑conflict cases, having a lawyer involved can help keep things organized.
What does “best interest of the child” mean in PA?
It means the court chooses the arrangement that keeps the child safe, stable, and supported. Judges look at school, home life, relationships, routines, and each parent's ability to meet the child's needs. No single factor decides the case — it's a full picture.
How long does a custody case take in PA?
Simple cases may resolve in a few months. Cases involving conflict, evaluations, or multiple hearings can take longer. The timeline depends on the complexity and cooperation between parents.
Do I need a lawyer for custody in Pennsylvania?
You're not required to have one, but custody cases involve important rights and long‑term decisions. A lawyer can help protect your interests and present your case clearly. If you choose to work with an attorney, Van Horn Law's legal team handles custody matters throughout the Lehigh Valley.
💸 CHILD SUPPORT
How is child support calculated in Pennsylvania?
Pennsylvania uses the Support Guidelines, which consider both parents' incomes and the child's needs. Childcare costs, health insurance, and custody schedules also affect the final amount. The goal is to create a predictable and fair support figure.
Can child support be changed if income changes?
Yes — child support can be modified when income, custody, or expenses change. You must file a request with Domestic Relations so the court can review updated financial information. Some parents choose to work with a lawyer if the change is significant or disputed.
How do I file for child support in PA?
You file through Domestic Relations in your county. They schedule a conference to review income and calculate support. The process is designed to be straightforward for parents.
What happens if the other parent stops paying support?
Domestic Relations can enforce payment through wage attachment, license suspension, or tax refund intercepts. If needed, the court can issue contempt penalties. When enforcement becomes complicated or contested, our legal team at Van Horn Law can help you understand your options.
How long does child support last in PA?
Support usually continues until the child turns 18 or graduates from high school, whichever comes later. In some cases, support may extend to children with disabilities. The court reviews each situation individually.
Do stepchildren affect child support in PA?
No — support is based only on the biological or legal parents' incomes. Stepchildren do not change the basic calculation. Shared household expenses may exist, but they do not directly alter the guideline amount.
👵 GUARDIANSHIP
How do I get guardianship of an elderly parent in PA?
You file a petition in the Orphans' Court showing your parent can no longer safely manage personal or financial decisions. The court reviews medical evidence and holds a hearing before appointing a guardian. Because this process involves legal filings and court appearances, many families choose to work with our attorneys at Van Horn Law.
What's the difference between guardianship and power of attorney?
A power of attorney is chosen voluntarily by the person while they are still able to make decisions. Guardianship is court‑ordered when the person can no longer manage their affairs safely. Guardianship gives broader authority but requires court oversight.
How long does guardianship take in Pennsylvania?
Simple cases may be completed in a few weeks. Cases with family disagreements or complex medical issues can take longer. The timeline depends on how quickly the court receives the required medical evaluations and evidence.
What happens if family members disagree about guardianship?
The judge reviews evidence and decides who is best suited to serve as guardian. If conflict is high, the court may appoint a neutral guardian to avoid further disputes. Legal representation is often helpful in contested cases, and our legal team at Van Horn Law, based in Allentown, PA, can assist you if needed.
How do I become a guardian of an adult with disabilities in PA?
You file a petition showing the adult needs help with personal or financial decisions. The court reviews medical evaluations and holds a hearing before making a decision. Families often consult an attorney for this process to ensure all required documents are properly submitted.
⚖️ CIVIL LITIGATION
How do I file a lawsuit in Pennsylvania?
You file a complaint in the Court of Common Pleas or Magisterial District Court, depending on the amount and type of case. The complaint explains what happened and what you're asking the court to do. After filing, the other party must be formally notified.
What should I do if someone sues me?
Read the papers carefully and note the deadline to respond. Filing a timely answer prevents a default judgment against you. If you need help preparing a response, Van Horn Law can assist.
How long does a civil case take in PA?
Simple cases may resolve in a few months. More complex cases involving discovery, experts, or multiple hearings can take a year or longer. The timeline depends on the issues and cooperation between the parties.
What evidence do I need for a civil case?
Documents, photos, contracts, messages, receipts, and witness statements can all support your claim. The stronger and clearer your evidence, the easier it is to present your case. Organizing everything early helps the process run smoothly.
How much does it cost to sue someone in PA?
Costs include filing fees, service fees, and possibly expert or attorney fees. Smaller cases in district court are generally less expensive. The total cost depends on the complexity of the dispute.
💼 COLLECTIONS
How do I collect money someone owes me in PA?
You can start by sending a written demand explaining the amount owed and giving a clear deadline. If that doesn't work, you can file a claim in Magisterial District Court or pursue a civil lawsuit. The court process creates a formal way to resolve the dispute.
Can I take someone to court for unpaid bills?
Yes — Pennsylvania courts handle unpaid invoices, loans, and service disputes. District courts are often used for smaller amounts, while larger claims go to the Court of Common Pleas. Filing a claim allows a judge to review the issue and make a decision.
How do collection judgments work in Pennsylvania?
A judgment legally confirms the debt and allows you to pursue enforcement. You may be able to attach bank accounts, place liens on property, or request sheriff involvement. Judgments remain valid for several years, giving you time to collect.
What can I do if a customer won't pay their invoice?
You can send a formal demand, negotiate payment, or file a claim in district court. Keeping clear records strengthens your position if the matter goes before a judge. Many businesses resolve these issues quickly once a formal claim is filed.
How do I enforce a judgment in PA?
You can request bank attachment, property liens, or sheriff's sale depending on the situation. These tools help collect what the court has already awarded. If enforcement becomes complicated, our attorneys at Van Horn Law can help you understand which options apply to your case.
🛑 DOMESTIC VIOLENCE / PFA
How do I get a protection order in PA?
You file for a Protection From Abuse (PFA) order at your county courthouse. Emergency PFAs are available after hours through local judges or police assistance. The process is designed to provide quick safety for anyone in danger.
What happens after I file for a PFA?
A judge may issue a temporary order right away. A full hearing is usually scheduled within about 10 days. Both sides can present information at the hearing before a final decision is made.
Can a PFA include children?
Yes — PFAs can include custody protections and restrictions involving children. The court can order safe exchanges or limit contact to protect them. These decisions are based on safety and the child's best interests.
What if the abuser violates the PFA?
You should call the police immediately. Violating a PFA can lead to arrest and criminal charges. Courts take violations very seriously and respond quickly.
How long does a PFA last in Pennsylvania
Final PFAs can last up to three years. Temporary PFAs last until the hearing date. If you need help preparing for the final hearing, our attorneys at Van Horn Law can assist.
💔 DIVORCE
How does divorce work in Pennsylvania?
Pennsylvania allows no‑fault divorce, meaning you don't need to prove wrongdoing. You must resolve property, support, and custody issues through agreements or court decisions. The process can be simple or complex depending on the situation.
How long does a divorce take in PA?
Uncontested divorces may take a few months. Contested cases involving property or custody can take longer. The timeline depends on cooperation and the complexity of the issues.
What happens to the house in a divorce?
The court looks at contributions, equity, and what's fair under Pennsylvania's equitable distribution rules. Some couples sell the home and divide the proceeds. Others negotiate buyouts or shared arrangements depending on finances and needs.
Do I need a lawyer for a divorce in PA?
You're not required to have one, but divorce involves important financial and family decisions. Our lawyers can help protect your rights and guide you through the process. If you choose to work with an attorney, Van Horn Law handles divorce matters throughout the Lehigh Valley.
How much does divorce cost in Pennsylvania?
Costs vary based on complexity, agreements, and attorney involvement. Simple cases cost less, while contested cases cost more. Filing fees also vary by county.
🕊️ ESTATE ADMINISTRATION
What do I do when someone dies in Pennsylvania?
You'll need to locate the will, arrange the funeral, and contact the Register of Wills to open the estate. This step officially appoints someone to handle the person's affairs. The process can feel overwhelming, and many families choose to work with an attorney to make sure everything is handled correctly.
How do I open an estate in PA?
You schedule an appointment with the Register of Wills in the county where the person lived. They review the will and issue documents giving the executor legal authority. Once appointed, you can begin gathering assets and paying bills.
What is probate in Pennsylvania?
Probate is the court process that confirms the will and authorizes the executor to act. It ensures debts are paid and property is distributed properly. Some estates move through probate quickly, while others take longer, depending on complexity.
How long does estate administration take in PA?
Most estates take several months to a year. Estates with real estate, disputes, or tax issues may take longer. The timeline depends on how quickly assets can be identified and resolved.
What debts must be paid during estate administration?
Funeral costs, taxes, medical bills, and other valid debts must be paid before distributing property. Pennsylvania law sets the order in which debts are handled. Executors should keep clear records of all payments.
Do all estates have to go through probate?
Not always — small estates or assets with beneficiaries may avoid full probate. Joint accounts and life insurance often pass directly to the named beneficiary. The specific situation determines what is required.
Can an executor be held responsible for mistakes?
Yes — executors must follow Pennsylvania law and act in the estate's best interest. Serious mistakes can lead to financial liability. If you're unsure about a decision, Van Horn Law can help you understand your responsibilities.
📜 ESTATE PLANNING
What is estate planning?
Estate planning is the process of deciding who will manage your affairs and receive your property if something happens to you. It often includes a will, powers of attorney, and medical directives. Planning ahead helps avoid confusion and stress for your family.
Do I need a will in Pennsylvania?
A will ensures your property goes where you want it to go. Without one, Pennsylvania law decides who receives your assets. Having a will also makes the probate process smoother for your loved ones.
What happens if I die without a will in PA?
Pennsylvania's intestacy laws determine who inherits your property. Spouses, children, and other relatives receive shares based on the law's order of priority. The court follows this structure even if it doesn't match your wishes.
What is a living will?
A living will explains your medical preferences if you cannot speak for yourself. It covers decisions like life support and end‑of‑life care. This document helps your family and doctors understand your wishes clearly.
What's the difference between a will and a trust?
A will takes effect after death and explains who receives your property. A trust can manage assets during your life and continue after death. Trusts can also help avoid probate, depending on how they're set up.
Who should I choose as my executor?
Choose someone organized, trustworthy, and able to handle paperwork and deadlines. They should feel comfortable communicating with family members and financial institutions. It's helpful to pick a backup in case your first choice can't serve.
What documents do I need besides a will?
Most people also need a financial Power of Attorney and a Health Care Directive. These documents let someone you trust make decisions if you can't. Having them in place keeps things clear during emergencies. A comprehensive Estate Planning Document Checklist is provided to guide you through every essential step, helping you understand, organise, and complete all key legal documents with confidence.
How much does a will cost in PA?
Costs vary based on complexity and whether an attorney is involved. Simple wills are generally less expensive, while more detailed plans cost more. Each situation is different, so prices depend on your needs.
✍️ POWERS OF ATTORNEY
What is a Power of Attorney in Pennsylvania?
A Power of Attorney lets someone you trust make financial or legal decisions for you. It can take effect immediately or only if you become unable to act. This document helps keep things running smoothly if you face an emergency.
What is the difference between a financial and a medical Power of Attorney?
A financial Power of Attorney covers money, property, and everyday business matters. A medical Power of Attorney covers health care decisions if you can't speak for yourself. Many people choose to have both so their needs are fully covered.
When does a Power of Attorney take effect?
It can start right away or only if you become incapacitated, depending on how it's written. Pennsylvania law allows both options. The choice depends on your comfort level and the person you're appointing.
Who should I choose as my agent?
Pick someone responsible, trustworthy, and able to make decisions under pressure. They should be comfortable handling paperwork and communicating with doctors or financial institutions. It's also wise to name a backup agent.
Can I change or cancel a Power of Attorney?
Yes — you can update or revoke it at any time as long as you're still able to make decisions. You simply sign a new document or a revocation and notify anyone who relied on the old one. Keeping your documents current helps avoid confusion.
Do I need a lawyer to create a Power of Attorney?
You're not required to have one, but Pennsylvania has specific rules about signing and witnessing these documents. A lawyer can make sure everything is valid and tailored to your situation. If you choose to work with an attorney, our legal team at Van Horn Law prepares Powers of Attorney for individuals and families throughout the Lehigh Valley.
How long does a POA last in PA?
A Power of Attorney lasts until you revoke it or until you pass away. Your agent's authority ends automatically at death, and they cannot use the document after that. Keeping your POA updated ensures it reflects your current wishes.
🏡 REAL ESTATE LAW
How do I buy or sell a home in PA?
A signed agreement starts the process, followed by inspections, title work, and closing. Buyers review disclosures and secure financing, while sellers prepare required documents. Each step has deadlines to keep the transaction moving smoothly.
What does a title company do?
A title company checks for liens, unpaid taxes, or ownership issues. They prepare closing documents and issue title insurance to protect against future claims. Their work helps ensure the property transfers cleanly.
What is title insurance?
Title insurance protects buyers and lenders from past problems with the property's ownership. It covers issues like undisclosed liens or recording errors. Buyers usually purchase it at closing.
Do I need a lawyer for a real estate transaction in PA?
You're not required to have one, but real estate contracts and title issues can be complex. A lawyer can review documents and help resolve problems before closing. If you choose to work with our attorneys, Van Horn Law assists with residential real estate matters throughout the Lehigh Valley.
🏠 RESIDENTIAL LEASES
What should be in a Pennsylvania lease agreement?
A lease should list the rent amount, security deposit, utilities, and rules for the property. It also explains responsibilities for repairs and how the lease can be ended. Clear terms help prevent misunderstandings later.
Can a landlord raise rent in PA?
Yes — landlords can raise rent unless the lease says otherwise. They must give proper notice before the increase takes effect. Rent changes usually happen at renewal, not during an active lease.
What happens if a tenant doesn't pay rent?
Landlords can send a written notice and begin eviction if the rent isn't paid. Tenants may still have time to catch up before the case goes to court. Keeping communication open can sometimes resolve the issue quickly.
How do security deposits work in PA?
Landlords can charge up to two months' rent for the first year and one month after that. Deposits must be returned within 30 days after move‑out, minus any documented damages. Tenants should keep records and photos to avoid disputes.
Can a landlord enter the property without permission?
Landlords must give reasonable notice unless there's an emergency. Entry is usually for repairs, inspections, or safety concerns. Respecting privacy is part of maintaining a good rental relationship.
Do I need a lawyer for a lease dispute?
You're not required to have one, but disputes about repairs, deposits, or eviction can be stressful. A lawyer can help you understand your rights and the best way to move forward. If you choose to work with our attorneys, Van Horn Law assists with landlord‑tenant matters throughout the Lehigh Valley.
🚪 TENANT / LANDLORD MATTERS
What are a landlord's responsibilities in PA?
Landlords must provide safe, livable housing and make necessary repairs. They must follow health and safety codes and keep common areas maintained. Clear communication helps prevent small issues from becoming bigger problems.
What are a tenant's responsibilities in PA?
Tenants must pay rent on time, follow the lease, and keep the property reasonably clean. They should report repairs quickly to avoid further damage. Respecting the space and neighbors helps maintain a good rental relationship.
How does eviction work in Pennsylvania?
Landlords must give proper written notice before filing an eviction case. A judge then reviews the situation at a hearing. Tenants have the chance to explain their side before any final decision is made.
Can a landlord evict without notice?
No — except in rare emergency situations, notice is required. The type of notice depends on the reason for eviction. Courts expect landlords to follow the proper steps.
What can I do if my landlord won't fix repairs?
You can send a written request and keep copies for your records. If the issue affects safety or habitability, you may have additional rights under Pennsylvania law. Documenting everything helps if the matter goes to court.
What can I do if my tenant damages the property?
Landlords can use the security deposit to cover documented damage. Serious issues may require a formal claim in district court. Keeping photos and receipts strengthens your case.
Can a landlord keep my security deposit?
A landlord can only keep your deposit for unpaid rent or damages beyond normal wear and tear. They must provide an itemized list of any deductions within 30 days of move‑out. Clear documentation helps prevent disputes.
Do I need a lawyer for a landlord-tenant dispute?
You're not required to have one, but disputes about eviction, repairs, or deposits can be stressful. A lawyer can help you understand your rights and the best way to move forward. If you choose to work with our attorneys, Van Horn Law assists with landlord‑tenant matters throughout the Lehigh Valley.
🌳 WILLS & TRUSTS
What is a will?
A will explains who receives your property and who will manage your affairs after you pass away. It also lets you name guardians for minor children. Having a will helps your family avoid confusion during a difficult time.
What is a trust?
A trust can hold and manage your assets during your life and after your death. It can help avoid probate and provide more control over how and when property is distributed. Some trusts also offer protection for beneficiaries who need extra support.
What is the difference between a will and a trust?
A will only takes effect after death. A trust can manage assets while you're alive and continue afterward. Trusts can also help streamline or avoid probate, depending on how they're set up.
Do I need both a will and a trust?
Not everyone needs both, but some families benefit from having each. A will covers basic instructions, while a trust can handle more detailed or long‑term planning. The right choice depends on your goals and the complexity of your assets.
How do I update my will?
You can update your will by signing a new one or adding a codicil. Changes must be made clearly and properly witnessed under Pennsylvania law. Keeping your will current ensures it reflects your real wishes.
Do I need a trust or just a will?
It depends on your goals — trusts help with avoiding probate and managing assets.
How does a living trust work in PA?
You place assets into the trust and continue to manage them during your life. After you pass away, the trust transfers those assets to your chosen beneficiaries without going through probate. It offers a smoother, more private way to handle your property.
What are the benefits of a trust for my family?
A trust can help your family avoid probate, which saves time and keeps things private. It also allows for more control over how and when assets are distributed. Families often appreciate the smoother management during difficult moments.
Do I need a lawyer to create a will or trust?
You're not required to have one, but these documents must be written correctly to be valid. A lawyer can help make sure everything is clear, enforceable, and tailored to your situation. If you choose to work with our attorneys, Van Horn Law prepares wills and trusts for individuals and families throughout the Lehigh Valley.
How much does a trust cost in Pennsylvania?
The cost of a trust depends on how detailed the plan is and what you want it to accomplish. More complex trusts cost more because they require additional drafting and asset‑planning steps. Each situation is different, so pricing varies based on your needs.
No matter how big or small your legal needs may be, our dedicated and experienced legal team at Van Horn Law in Allentown, PA is committed to guiding you through every step of the process—reach out today to schedule your personalized legal consultation by contacting us online or calling 610‑437‑2757 or 835‑222‑4564.
