Notice Requirements for Adoption

It is always necessary to give all interested parties proper notice of pending adoption proceedings. A copy of the adoption petition should be served on all interested parties, e.g. persons with parental rights to the minor child(ren) involved. Acceptable methods of service include personal service or certified mail, return receipt requested, restricted delivery. With personal service, an affidavit of service would then be filed with the court detailing date, time and place of service. With service via mail, verification of delivery would come back from the post office with the signature of the party served. Proof of service should be filed with the court and/or submitted at the time of the hearing.

A copy of the notice for hearing must also be served on all interested parties. At least ten days’ notice of any hearing must be served by personal service or registered mail to the parties’ last known address. If the rights of the natural parents have already been terminated, you are not required to give them notice of the subsequent adoption hearing date since they are no longer an interested party. If you do not have an address for an interested party, you can petition the court to allow service by an alternate method. This would usually entail publication in the newspaper in the county where the interested party was last known to reside.

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Overcoming the Stress of Divorce

Stress after divorce is to be expected. You’re embarking on a new stage of your life, but things will be different socially, emotionally, and financially. Looking at the big picture can cause anxiety, but by allowing yourself time to adjust and by taking things one at a time, you can manage the stress and anxiety and come out stronger on the other end.

It’s important, first of all, to allow yourself to feel many different emotions. Do not try to bottle them up. And give yourself time to perform at less than full capacity. You may be juggling new responsibilities, or the feelings themselves may be slowing you down. It’s okay. Don’t worry about what others may think of you, everyone has a different way of coping.

Don’t go through this alone, though. It’s important to have the strong social support of friends or family with whom you can share your feelings and who make you feel better. You may also need to reach out to a support group or professional counselor, especially one who is an expert in helping people adjust after divorce.

Keep yourself physically healthy. Exercise and a good diet improve your mental and emotional health. Get involved in activities you enjoy, indulge in hobbies to lift your spirits.

Positive self-talk is crucial. Don’t blame yourself for past mistakes, real or imagined. Focus on a better future. Understand that you can’t control everything, but you can control some things. Write down everything that worries you and brainstorm solutions. Friends may also have ideas. If there are some concrete things you can do to improve the situation, take one challenge at a time, and celebrate your progress.

Financial concerns can be a major stressor. If your spouse handled most of the finances, you’ll need to learn how to do so now. A financial professional can help you make a budget and suggest ways to improve your financial situation. If necessary, look into further professional training in order to get a job that will bring in more money.

If you have children, you’ll be understandably concerned about them. Give them extra attention and make sure they know they can rely on you. But they also need consistent routine and clear discipline, giving them structure and security during this insecure time.

After your divorce, things will be different, but they can still be good – maybe even better. By focusing on your emotional health, you will be able to cope better and also help your children cope. A good divorce lawyer should be able to refer you to appropriate support services. At Ulmer Law, we are committed to helping our clients not only get the best settlement but move beyond their divorce with the best possible future before them. Call us for a consultation.

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Unearthing hidden assets: Signs your spouse may not be honest

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Some people going through a divorce in New Jersey may attempt to hide assets to prevent a spouse from receiving them in the split.

Any divorce in New Jersey presents a myriad of decisions that must be made: perhaps it has to do with how property may be divided or who will have custody of the children. Though the details of each case may differ, there is one constant: each party should be honest in disclosing any information that would be pertinent to making these decisions.

In fact, New Jersey laws require parties to complete and submit a “family case information statement” within a timeframe set by the court. The statement details family information, employment and income.

When it comes to property division, having a complete picture of each spouse’s assets is critical to ensuring the equitable distribution of those assets. Unfortunately, some people attempt to obscure items in an effort to prevent the loss of them. Here are some signs that this may be occurring:

Large purchases

Cash tends to be king, as it has a concrete value and is easily divided. However, cash is easily spent. When one spouse starts making large purchases – such as with expensive artwork, cars or taking big trips – it may be in an effort to prevent the other spouse from getting that cash. In other words, the cash is being converted into physical assets – and the spouse could even attempt to underreport the actual value of those assets.

Another way to minimize the amount of cash available in a divorce is to overpay a credit card or other debt. Perhaps one spouse decides to start putting extra money into the house payment. Sometimes, people create “fake” debts, such as money owed to a friend, in order to “pay off” the debt so the person essentially holds on to the cash until the divorce is final. This should raise a red flag.

Questionable statements

It is always critical to monitor statements from credit card companies and investments. But what happens if those statements suddenly go missing? Or perhaps have unexpected transactions on them? It could indicate that a spouse is trying to keep his or her other half from accessing assets.

People going through a divorce should also keep an eye out for new statements from banks or credit card companies that may be new. While it is not illegal for someone to open a new account during this time, it is essential that they disclose that information during the divorce proceedings.

Underreported income

Even with the financial disclosure statement is submitted, both parties should thoroughly review it for accuracy. Some people may try to underreport what they make. Though a W-2 or other tax form could easily dispute this, it is not always as easy with people who are paid in cash.

Uncovering assets

Fortunately, with a little work, these hidden assets may be uncovered. Experts suggest hiring a forensic accountant or other specialist who can do a deep dive into a couple’s assets. This process may require providing names, addresses and Social Security numbers of family members.

Anyone who has concerns about this issue should speak with a family law attorney in New Jersey.

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Surrogacy Contracts

Surrogacy is the process whereby a third party is used to assist couples in having a child. Surrogacy may be traditional wherein the third party will have a biological tie to the child but has agreed to relinquish any legal rights as a parent. The other option is gestational surrogacy where the third party is just a carrier and the egg and sperm of the intended parents are implanted in the surrogate. Pennsylvania does not have a statute in place as it relates to surrogacy, however, case law has established courts are willing to uphold the provisions of a surrogacy contract. In J.F. v. D.B., the carrier mother attempted to keep the children following birth despite having entered a surrogacy agreement. 897 A.2d 1261 (2006). The court eventually held she didn’t have standing for a custody action and turned the children over to the intended parents per the contract.

Another case which upheld a surrogacy agreement is In re Baby S, 2015 Pa. Super. 244 (2015).

In re Baby S, involved celebrity couple Sherri Shepherd and former husband, Lamar Sally. The couple had entered into a surrogacy contract to assist in having a child. Several months into the pregnancy, Shepherd refused to sign additional forms to have her listed on the birth certificate as the intended parent of the child because of the pending dissolution of her marriage to Sally. Sally ended up taking care of the child and subsequently sought support from Shepherd. The court ruled that Shepherd was an intended parent evidenced by the signed surrogacy contract and accordingly, ordered her to meet her child support obligation. Accordingly, parties who intend to use a surrogate should consult with an attorney first and draft a clear, unambiguous agreement.

You may also need a pre-birth Order to ensure the names of the intended parents can be listed on the birth certificate at the time of birth.

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Adoption Fees

There are a number of costs involved in an adoption action. The total amount of expenses will vary depending on the nature of the adoption. For example, a kinship or family adoption where the natural parent(s) are cooperating with the adoption will have different costs than a case where the adoption is contested by the natural parent(s) or if the adoption is not kinship. There is a filing fee due to the court for an adoption petition. Other filings that may be necessary depending on your circumstances can include a request for a home study, notice of intent to adopt, petition for involuntary termination and/or confirmation of consent. Each county will determine which pleadings require a filing fee as well as the amount. On average, it can be several hundred dollars just in filing fees. This may be something to consider if you have multiple options available in terms of counties with proper venue for your adoption case.

In addition to filing fees, the home study, where required, is at your expense. Due to the intensive inquiry that must be completed, this is usually a fairly substantial cost. Keep in mind, a home study is not required for a family adoption. If you are planning to be married, it may make sense to get through the wedding first before the adoption to skip this step. Finally, due to the strict requirements and specific procedures for a successful adoption, an experienced attorney is strongly recommended. Most attorneys will charge by the hour for the time they spend working on your case. To that end, this expense can also fluctuate quite a bit depending on the nature of your case and whether everything goes smoothly and all parties cooperate versus if it is particularly contentious and additional litigation is required.

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Wills for Heroes

Wills for Heroes is a program in conjunction with the Pennsylvania Bar Association that provides free wills, living wills, and powers of attorney to first responders and their families. Appointments are required along with proof of military or public service. There is also a limit on the size of the estate to utilize this service. Appointments can be made online at the Pennsylvania Bar Association website. Each appointment slot is one hour. Each participant will have their final, notarized documents to take home with them by the conclusion of their appointment. If a spouse or significant other is also participating, their appointment will be immediately following that of the first responder. The program is made possible through the time of volunteers including attorneys, reviewers and witnesses.

Bucks County has two “Wills for Heroes” events coming up. On Saturday, April 6, 2019 an event is being held at the Bucks County Public Safety Training Center located at 1760 South Easton Road (Route 611), Doylestown, PA. Another event is scheduled for May 18, 2019 at the Trevose Fire Company located at 4900 E. Street Road, Feasterville-Trevose, PA. Appointments begin at 11 a.m. For more information and events at other locations throughout the state, you can visit www.pabar.org/wfh/. Our firm is also able to assist with estate planning documents at a reasonable cost including trusts, wills, living wills and powers of attorney. Please contact our office if you would like additional information or to set up an appointment.

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Blended Families

Divorce and remarriage is fairly common and can include new children in your life. Adoption may be an option to make those children your own legally. An adoption by a stepparent qualifies as a kinship adoption such that some of the statutory requirements for adoption are waived. As the prospective adopting parent, you will need to have three background checks completed prior to filing an adoption petition. Presently, the required background checks for Pennsylvania include (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. Your spouse and natural parent of the children would join as a petitioner in the adoption matter.

The rights of the other biological parent will need to be terminated in connection with the adoption. Their parental rights can be terminated voluntarily or involuntarily. With voluntary termination the other natural parent will sign a consent to the adoption which is subsequently attached to the Petition for Adoption. There must be at least thirty (30) days between when the consent is signed and when adoption petition is filed with the court since there is a thirty (30) day revocation period. With involuntary termination, you will plead the applicable grounds for involuntary termination within your adoption petition. A filing fee is payable to the county at the time you file your petition for adoption. After filing the Petition, you will receive notice of when you are scheduled for your hearing. You will need to notify any party that is required to receive notice of the hearing per the adoption statutes in advance of the hearing.

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Interstate Adoptions

There are additional requirements to satisfy if you are adopting a child out of state. The Interstate Compact for the Placement of Children, which has existed for more than forty years, addresses adoptions where a child is to be transferred across state lines. It creates uniform legal and administrative procedures for interstate adoption matters. All U.S. states are members of the Compact and follow the same procedures. The state where the child presently resides must approve of the transfer across the state lines for placement. A copy of the approval is then submitted to the court for filing in the state where the adoption will ultimately take place. In order to get approval, a packet must be created with relevant information on the child or adoptee, the prospective parent(s) and the intended place of residence.

After the sending state is satisfied that the packet covers all the relevant areas, it is sent to the receiving state for their review as well. The receiving state would be responsible for having a home study completed for the intended residence typically through the local social services agency. If the receiving state is satisfied following the home study, it notifies the sending state and sends them a copy of the home study. At that time, following approval by both states involved, the interstate adoption may be completed. The Pennsylvania office of the Interstate Compact for the Placement of Children is located in Harrisburg and can be reached at (717)772-5503 for non-agency placements or (717)772-5502 for agency placements.

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Why do I need a prenup for a remarriage?

Prenuptial agreements offer blended families a way of estate planning as well as protecting spouses in the event of a future divorce.

Anyone in Pennsylvania who has been prematurely widowed or divorced at least once knows that sometimes a marriage does not last as long as originally hoped or planned. Many people choose to get remarried and often question whether they need a prenuptial agreement for various reasons.

The American Academy of Matrimonial Lawyers noted in a 2016 survey that the prior three years had seen a jump in the number of prenups created.

Protection in the event of another divorce

The possibility of a divorce always exists and that can spell financial disaster for some. In addition to salvaging some assets, U.S. News and World Report notes that a prenup might even help protect one spouse from getting stuck with the other person’s debt.

Many people go into second or third marriages with children (or grandchildren) from previous relationships whom the parents or grandparents want to protect financially in case remarriage ends in divorce.

In divorce, separate property that belongs only to one spouse because he or she owned it prior to the marriage or received it as a gift or inheritance that continues to be held in that person’s name alone normally remains the property of that spouse, however, the increase in value becomes marital. This can be sheltered by a prenuptial agreement so that the increase in value can also be protected. Marital property, meaning assets accumulated during marriage by either spouse or by them jointly, is divided equitably or fairly in divorce unless a prenuptial agreement determines what assets are distributed and in what percentage. A prenuptial agreement also may be used to determine the level of spousal support or alimony or if there is a payment at all to the other spouse.

In a prenuptial agreement, the parent of a child from a prior relationship could negotiate that part of future marital property go to that child. For example, the parent might want to direct the marital part of his or her retirement accounts or part of the equity in other accounts or assets go to support or benefit the child, rather than becoming part of the marital property subject to division.

If the child has disabilities, the parent might want certain assets of the marriage to go into a special needs trust to protect the child’s future.

A prenuptial agreement entered into before the marriage can set forth the course of what will happen in a divorce and eliminate doubts on motives of the spouse.

Lifestyle provisions

Trying to include some lifestyle provisions might not be reasonable, such as how one spouse should wear their hair. Other matters may well be included in a marital contract. According to Time, use of social media is a topic often referenced in these documents nowadays to prevent one person from publicly humiliating or denigrating the other during or after a divorce.

A prenuptial agreement might also designate who will get the family’s pets if the couple divorces.

Estate planning assistance

Fidelity Investments explains that a prenuptial agreement can aid in a couple’s estate planning, especially when one or both spouses has children from prior marriages.

People may understandably want to take care of their spouses after they die. They also might want to make sure that their children or grandchildren from previous relationships receive certain assets or family heirlooms.

With no prenup directing assets to people outside the marriage, a spouse might automatically inherit certain assets when the other person dies even if there is a will in place as a spouse can elect to take against a will. The surviving spouse could live for quite some time longer in which case there may be little to nothing left of the estate to pass on to the deceased spouse’s children. The surviving spouse might also leave remaining assets to their biological children only and not the children of the spouse who died first. A prenuptial agreement can be used to waive that elective share and allow the will to control in the event of death.

Family businesses

Oftentimes there may be a family business that a spouse wishes to keep separate in the event of death or divorce. The spouse and his or her family may desire to keep the business intact and in the hands of family members or other owners or to avoid expensive and intrusive evaluations of their records. A prenuptial agreement can aid in easing the mind of other family members and creating a better family environment without the threats that may otherwise occur.

Otherwise, if the other spouse has an interest in the business in divorce or as an heir, the business might have to be sold or take on significant debt to pay the other spouse his or her share. In addition, if the business becomes embroiled in a court proceeding, the discovery process to determine its size, value and ownership can be expensive.

Legal assistance

Anyone contemplating remarriage should contact an experienced attorney prior to walking down the aisle for the second time. This will give him or her the insight of a professional to help make decisions about a prenuptial agreement. At a minimum, no potential spouse should sign a prenup before talking to a lawyer about its implications.

The family lawyers at Karen Ann Ulmer, P.C, represent people approaching remarriage in Eastern Pennsylvania and New Jersey, including providing advice about, reviewing, drafting and negotiating prenuptial agreements. The are available for consultations by phone prior to coming in to the office to determine if you would benefit from a prenuptial agreement.

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Adoptions for Same Sex Couples

Now that Pennsylvania recognizes same-sex marriages, same-sex partners can also benefit from the simpler process of a kinship or step-parent adoption. This means no home study is required. The adopting parent would still complete the requisite background checks. At the adoption hearing the court will verify that all requirements for an adoption have been met. The adopting parent(s) should be prepared to indicate their understanding of the responsibility they are taking on as parents.

For couples conceiving using assisted reproductive technology, it may be possible to have your name included in your child’s birth certificate prior to finalization of the adoption hearing. Specifically, for female same-sex couples where one partner is the birth mother, the other partner’s name can be included in on the birth certificate so long as they are married. However, having your name on the birth certificate is not necessarily enough to protect your rights as a parent so you are advised to still consult with an attorney regarding adoption as soon as possible.

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