When two people have a child together, whether married or not, sometimes it just does not work out and they decide to separate. It is great when two parents who are no longer together have a strong co parenting relationship and can remain amicable with each other for the sake of their children. If you find yourself in one of those relationships you might think that you do not need a child support order because you and the other parent work everything out on your own and so far you have had no issues. While it may seem great that you are able to work everything out between the two of you, it is best to seek a child support order issued by the court.

Why would you want to get a child support order when you have been working it out yourselves? What happens if the payments that you have relied on and worked out between you two stop coming in. What course of action do you have? You call the other parent, you email them but no matter what you do they still are not receiving any financial assistance for your child. They keep telling you they will have it to you soon and then months go by and you have not received anything. By having a child support order you are protecting yourself from this scenario. In most child support orders, if the other parent is a W-2 employee, the child support will be attached to the other parent’s wages so as long as they are being paid you can be assured you will get your support payment. If there is an order and the payments are made directly to you and they stop paying you have options there as well if you have a support order. You can file for enforcement of the child support payments. Having a child support order protects and reassures you that the financial support you rely on for your child will not just disappear one day.

If you are currently married and in a physically or mentally abusive relationship, it can be a very tarrying situation that you might be desperate to get out of. You might be thinking of leaving or filing for divorce but have that voice in your head telling you it is not a good idea because of the potential reaction from your spouse. What if filing for the divorce causes the abuse to escalate when they find out? If your spouse already has a history of abuse towards you, the fear you have might take over and prevent you from following through with the decision to follow through with filing for divorce, and separating from them finally.

If there is a history of abuse you can file a petition for a Protection from Abuse Order while you prepare to file for divorce. To get a protection from abuse order you would first want to file with the court. Then likely, a Judge would issue a temporary order without the abuser being present while a future hearing date is scheduled. Both you and the abuser would then have to appear before a Judge at the later date. At this hearing either the abuser can consent to the Protection Order, or request to have a hearing where the Judge would hear testimony and make an order. These types of orders can last for any duration of time up to 36 months. If the abuser were to violate any such order they would be held in contempt. Consequences of a contempt violation can range from fines to jail time. When you are in an abusive marriage and desperate to get out but just fearful of what will happen if you try, a Protection from Abuse order can grant you that peace of mind to be able to file and get divorced with added protection from your abuser’s potential reaction.

Our country is still battling the spread of a new virus and with that, new questions as to custody exchanges in the event of confirmed Covid-19 diagnosis or suspected exposure. First and foremost, be compliant with your existing Order to the extent possible. This virus is not a reason to keep your child from seeing their other parent. If exact compliance with your Order is not possible, be reasonable in making necessary accommodations to permit shared custody to continue. It’s also key to try to be on the same page regarding best practices. Be prepared to discuss and model good behavior for your child(ren) in both homes including hand washing, wiping down surfaces, wearing a mask, and social distancing.

Be transparent and provide honest information with respect to any suspected or confirmed exposure to the virus and try to agree on what steps you will take to protect your child(ren) from exposure. The courts have provided some guidance in the event of confirmed Covid-19 diagnosis or display of symptoms. If the reporting party has custody at the time, they should maintain custody until the symptoms resolve. If the non-reporting party has custody at the time, they should keep the child(ren) until the other parent has recovered. An exception can be made if parent has work obligation and cannot provide adequate care for the child(ren), in which case the child(ren) should return to the other parent. If there is a temporary pause in your schedule because of diagnosis or displayed symptoms, endeavor to work with each other to maintain a relationship through other means such as Skype, Zoom or Facetime.

After your adoption hearing, you can take steps to update your child’s name and/or birth certificate, where necessary. To obtain a new birth certificate you will need to submit a request through Vital Records in the state that issued the initial birth certificate. If outside of Pennsylvania, check with the local office regarding their specific requirements. For Pennsylvania birth certificates, a Certificate of Adoption is forwarded by the court to Vital Records to alert them the adoption was finalized. You would then contact Vital Records with a request for a new birth certificate and submit the applicable fee. Pennsylvania presently charges $20 for a new birth certificate, unless you are a military member, in which case the fee can be waived. The adoptive parents’ names and child’s name after adoption should be included in the application for birth certificate. The completed application, ID and payment would then go to Vital Records.

Processing times for receipt of the new birth certificate vary. The average time for adoptions is currently five (5) weeks. These steps are for a child born in Pennsylvania. For additional information on requesting a new birth certificate through Pennsylvania visit: https://www.health.pa.gov/topics/certificates/Pages/Birth-Certificates.aspx

After receiving the new birth certificate and depending on the age of the child, you may also need to update records at school, the doctor’s office, Social Security, etc. You may need to present your certified Decree of Adoption from the court in addition to new birth certificate to verify legal name change. Additional certified copies of your adoption decree can be requested through the court at a nominal cost.

The rights of the other biological parent will need to be terminated in connection with any 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.

With a kinship adoption the prospective parents 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. The results of these background checks should be attached to the adoption petition. A home study is not required. A hearing will be scheduled by the court within a few months from filing the petition. If heading straight to adoption hearing because natural parents consent to adoption the total process can be completed in a few months. If an involuntary termination hearing is required before the adoption hearing the process can take twice as long.

In Pennsylvania any individual may be adopted regardless of their age or residence. Additionally, any individual may become an adopting parent. Consent of the adoptee is required in all instances where the adoptee is twelve years of age or older. The prospective parent(s) must obtain certain clearances whenever the adoptee is a minor. The adoptee does appear in court for the final adoption hearing. The Judge may have questions for the adoptee as to their relationship with prospective parent(s).

In a contested hearing where the adoptee is a minor, an attorney is appointed to represent their interests. If a name change is sought where the adoptee is an adult, the adoptee must submit a copy of their fingerprints with the adoption petition. Fingerprints can be obtained from your local police department. The adoptee will also need to obtain background checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing. Finally, notice of the adoption hearing must be published in a newspaper of general circulation as well as the Law Reporter regarding the proposed name change. Proof of the record checks and publication should be offered as evidence at the adoption hearing. Name changes are not permitted in the event of certain criminal convictions.

The court may appoint a guardian for a person or for an estate. If appointed as a guardian, there are annual reporting requirements to comply with. The report of a guardian should be submitted to the county orphans’ court. The report for guardian of an estate will include sections regarding any income, expenses or assets of the estate as well as any compensation for the guardian, attorney’s fees or legal costs.  The report for guardian of a person inquires as to the individual’s residence, current medical status, and guardian’s opinion regarding necessity for ongoing care.

Reports of a guardian are subject to a filing fee in submitted to the orphans’ court on paper. There is, however, the option to request that the filing fee for the report be waived based on financial circumstances. Reports of a guardian can now be submitted electronically using the Guardianship Tracking System (GTS). There is not a filing fee when using the online form. The due date for the guardian report is the anniversary of being appointed guardian and every year thereafter. A final report should be filed when the guardianship is terminated or a guardian is replaced.

A PFA Order is a civil remedy to end abusive relationships. Remedies for a successful PFA petition can include having the Defendant removed from a residence that was previously shared, restrictions on contact for up to three (3) years, relinquishment of firearms or other weapons, reimbursement for related expenses or out of pocket costs suffered, temporary support, and in some cases, a custody schedule. It is possible to list multiple persons in need of protection under the PFA in one petition including children. A Protection from Abuse (PFA) petition requires the petitioner to identify the defendant, state the incidents constituting the “abuse” as well as any prior history of similar incidents, provide notice of any weapons involved, and set out the relief requested.

A PFA can only be filed if there is a relationship between the Petitioner and Defendant. Recognized relationships include spouse or former spouse, parent of child with Defendant, current or former sexual/intimate partner, child of Plaintiff or Defendant, family member related by blood or marriage, and sibling. Abuse, for purposes of obtaining a PFA, is defined as

physical violence or imminent threat thereof, stalking or any other course of conduct which would place a person in fear of bodily injury. The party pursuing a PFA order must establish by a preponderance of the evidence, or more likely than not, that some abuse occurred. Violations of a PFA may be criminal in nature depending on the nature of the violation. Criminal charges may also be pending simultaneously with a PFA petition.

If contemplating an adoption you can start the process by gathering the necessary paperwork that must be submitted to the court along with adoption petition. Exactly which documents you will need to include depend on what type of adoption you are seeking. All interested parties must be advised of the availability of ACT 101 and proof that all parties received information should be retained for presentation to the court. You will need to original birth certificate for the adoptee. Additionally, prospective parents and any other adult household members will need to have the requisite clearances completed where the adoptee is a minor and the results of those clearances should be attached to the petition. A home study may be required as well if there is no familial relationship between the adoptee and prospective parents.

In a situation where the adoptee is over twelve years old, you should also have the consent of the adoptee attached to your petition. If the natural parents consent to the adoption and are voluntarily terminating their parental rights, their consent(s) should be attached as well. In some circumstances parental rights do not need to be terminated. For example, if the natural parent has passed away you do not need to request their rights be terminated however you should include a certified copy of the death certificate with the petition. Another scenario may be if you have used an anonymous donor to conceive, that documentation should be included with your petition. You should consult with an experienced adoption attorney to be clear on exactly which documents you will need to include with your adoption petition to make the process as efficient as possible.

It is possible to keep in touch with your child subsequent to the termination of your parental rights and their adoption if all parties to the action, i.e. natural parents/relatives and adoptive parents, mutually agree. Act 101, which became law in 2010, authorizes post-adoption contact by agreement of all the parties. Specifically, a birth relative by blood, marriage or adoption can contract with the new adoptive parents in terms of continued contact with the adoptee. In each adoption case, even if there is not any interest in post-adoption contact, all parties are required to be notified of the existence of Act 101 and option to enter a contract for continued contact. The parties should sign to acknowledge they received notice of the options available under Act 101 and their signed acknowledgment would then be filed with the court. If the parties do not sign an acknowledgement, then proof that they were served with the notice should be filed to the court. A sample of the Act 101 notice is included below.

      NOTICE REQUIRED BY ACT 101 of 2010

23 Pa. C.S. §2731-2742

 

This is to inform you of an important option that may be available to you under Pennsylvania law. Act 101 of 2010 allows for an enforceable voluntary agreement for continuing contact or communication following an adoption between an adoptive parent, a child, a birth parent and/or birth relative of the child, if all parties agree and voluntary agreement is approved by the Court. The agreement must be signed and approved by the Court to be legally binding.

A birth relative is defined only as a parent, grandparent, stepparent, sibling, uncle or aunt for the child’s birth family, whether the relationship is by blood, marriage or adoption.

This voluntary agreement may allow you to have continuing contact or communication, including, but not limited to:

Letters and/or emails

Photos and/or videos

Telephone calls and/or text messages; or

Supervised or unsupervised visits.

If you are interested in learning more about this option for a voluntary agreement, you contact your attorney.