By Marsha Kline Pruett

Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting. The plans are all about time – how much and when.

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Termination of a biological parent’s rights and adoption often go hand in hand. A prospective parent cannot adopt without termination of the biological parent’s rights. A biological parent cannot voluntarily terminate their rights or sign a child away without another party stepping in to adopt. The parental rights of a biological parent can be involuntarily terminated in connection with an adoption matter as well. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights.

If the natural parent(s) agree to the adoption they can execute the required consent to adoption and waiver of their rights. A petition to confirm their consent can be filed with the court to finalize the voluntary termination of their parental rights. The natural parents should appear at the hearing to offer testimony regarding their consent. If the natural parents are not present, the parties who served as witnesses at the time the consent was executed may be called to testify as well as any notary that notarized the document. If the natural parent(s) do not agree or are unable to be located, the prospective parents can seek involuntary termination of their rights. At the hearing, the prospective parents must prove by clear and convincing evidence that the parent’s actions meet at least one of the grounds for termination as listed in the statute. After the hearing, the court may enter a decree terminating parental rights at which point no further notice needs to be given to the biological parents about the adoption. The prospective parent(s) would still need to appear at subsequent hearing to finalize the adoption.

Before an adoption can be finalized, certain parties must consent to the adoption. Pursuant to 23 Pa. C.S. Section 2711, a consent must be signed by the following individuals where applicable: (1) the child(ren) being adopted if over 12 years of age; (2) the spouse of the adopting parent if that spouse is not also a petitioner; (3) the natural parent(s) of any minor child(ren) being adopted; (4) the guardian of an incapacitated child up for adoption; and (5) the guardian of a minor child or persons having custody when the adoptee has no parent whose consent is required. Only the consent of the adoptee is needed for an adult adoption. The adoptee must voluntarily consent to the adoption by the prospective parents as well as name change, if applicable.

The consent must be witnessed by two disinterested individuals. The persons witnessing the consents may be called upon in court to testify as to the circumstances under which the consent was executed. The court must be satisfied that there was no fraud or duress and the person executing the consent was of sound mind. It is good practice to also have the consent notarized and the notary’s complete address should be included. A consent executed outside of Pennsylvania can be valid here if executed in accordance with the laws of the other jurisdiction.

For a tenant to be evicted, the landlord may proceed on one or more of the following grounds:

Nonpayment of Rent. For example, the tenant has failed to pay the current or prior months’ rent, and the rent is past due. Also, the tenant has failed to pay late fees.
Termination of the term. For example, the lease runs for 12-months and the landlord gave adequate notice that the lease is not to be renewed. If the tenant stays past the twelfth month, the landlord may proceed on this ground.
Breach of the lease. For example, the lease states that pets are not permitted and the tenant has a pet.
At the eviction hearing, it is the burden of the Landlord to show that the grounds have been met. However, if the eviction is based solely on Nonpayment of Rent, the tenant will be permitted to remain in the property if he pays the judgment in full.

Source: Family Advocate, Vol. 33

Over the past couple of decades, we have become increasingly aware that children benefit from having both parents involved in their lives.

 

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By Leslie Ellen Shear

Parents who are considering moving with their children after separation or divorce, and parents deciding whether to oppose the children’s move have a lot to think about.

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In Pennsylvania, before an eviction may be filed, the landlord must serve the tenant(s) with a Notice to Quit. The Notice to Quit must explain why the tenant is being evicted: Nonpayment of Rent, Termination of the term (i.e. the 12-month lease is over and the lease was not renewed), or Breach of a term of the lease (i.e. no pets). However, the lease sometimes allows for the waiver of the Notice and permits the Landlord to file for eviction immediately.

The Notice to Quit must be served one of three ways: personally on the tenant (by handing him or her a copy), leaving the notice on the entrance to the residence, or by posting the notice conspicuously on the premises.

The Notice to Quit must contain the following information:

  • Name and Address of Tenant being evicted
  • Date of service
  • Grounds for Eviction
  • Total rent due and owing
  • Amount of time to leave the property before an eviction is filed
  • Notice that the Landlord may pursue legal action

The Notice requires that a certain amount of time must pass between the time that the Notice to Quit is served and eviction is filed. For failure to pay rent, the time is 10 days. For either termination of term or breach, the time required is 15 days for leases that last 1 year or less, or 30 days for leases lasting longer than 1 year.