Termination and Adoption

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.

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Consent of Adoptee

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.

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Grounds for Eviction

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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.

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How To Share

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.

 

Download full article (PDF)

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Relocation Realities

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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.

Download full article (PDF)

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Notice to Quit

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.

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Grandparent’s Can Seek Custody or Visitation Rights in Pennsylvania

Parents must discuss many difficult topics when going through a divorce. The most difficult of these often revolves around visitation rights and child custody because most parents desire to see their kids as much as possible following a divorce.

Parents frequently agree to joint custody plans, but occasionally one parent might file for sole custody to be a child’s primary caregiver. Deciding who a child will live with and who will be responsible for him or her can have a lifelong impact. The importance of this decision is why courts frequently intervene to determine what living conditions and visitation plans are in a child’s best interests.

Other Important Relationships

Children begin developing relationships with their immediate family at a very early age. They bond with their siblings and rely upon their parents for food, clothes and shelter. However, other important relationships can be cultivated as well, especially when a child develops a close bond with his or her grandparents.

Many grandparents are unaware that they may petition a court for visitation rights or custody of their grandchild. According to the Pennsylvania Custody and Grandparents’ Visitation Act, grandparents may petition a court for partial custody and visitation under specific circumstances:

  • Upon the death of a birth parent
  • When parents are divorced or have been separated for six months or more and a divorce has been filed
  • When a child has resided with a grandparent for 12 months or more, followed by the child being removed by a parent

In each of these instances, a court will try to determine what situation will be best for the child and what will best serve the child for his or her future. Before a court will award visitation or custody, however, many factors are taken into account including:

  • The child’s emotional, physical and emotional well-being
  • The past relationship between the child and his or her grandparents
  • The child’s preferences (if applicable based on age)
  • The potential impact on a child’s social and intellectual growth (schooling and extracurricular activities)

Seeking Visitation or Custody

It is important to present your custody or visitation case in a way that shows a court you have the best interests of the child in mind. As a result, it can be helpful discuss your situation with an experienced grandparents’ rights attorney who can help develop persuasive arguments on your behalf.

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Finality of Adoption

Adoptions are permanent, so prospective adoptive parents should understand exactly what they are taking on before beginning the process. Adoption will establish all the legal rights, duties and responsibilities as exist for natural born children. Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right of the child to seek support from you, the principle that these rights and duties would continue if you and your spouse separate or divorce as well as if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future.

At the final adoption hearing, your attorney and/or the Judge will confirm whether you understand the legal consequence of finalizing the adoption matter. You will also need to submit any additional documentation required by law that has not already been filed with the court. For example, certification of service for any interested parties, original birth certificate, background checks for prospective parents, home study report or Act 101 notices. The hearing is intended to be a happy occasion. Other family members and friends can attend along with the prospective adoptee and parents. The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings.

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Contested Adoptions

If the natural parent(s) do not agree with the adoption, there is a hearing to determine if their rights should be involuntarily terminated. In any contested adoption, an attorney must be appointed to represent the interests of the adoptee(s). This person is often referred to as a Guardian Ad Litem. An attorney may also be appointed for the parent contesting the adoption. In addition to determining whether grounds exist to involuntarily terminate a natural parent’s rights, the court must also consider the needs and welfare of the proposed adoptee(s). This is often where the role of the Guardian Ad Litem (GAL) is most important.

The GAL should ascertain the existence or extent of any emotional bond between the natural parent and child as well as potential consequence of severing that bond. A parent’s representation of love and affection for a child without further corroboration, are not sufficient to prevent termination of their rights based on the best interests of the child. The GAL may also weigh in as to whether the adoption proceeding would be in the child’s best interests and whether the benefit of adoption outweighs any harm from the termination. Other parties, such as social workers involved in the case, can also offer an opinion as to the welfare of the children and any possibility of irreparable harm in severing the parent-child relationship. If a final decree of termination is entered by the court, the case may proceed with adoption.

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