How to Place a Child for Adoption

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There are two options to place a child for adoption. The first option is to surrender the child to the appropriate agency. This can include the county social services agency or private adoption agency. Under 23 Pa C.S. 2501, written notice of intent to give custody of the child to the agency should be presented to the agency. The natural parents should also cooperate in petitioning the court for permission to voluntarily relinquish their parental rights to the child. The agency must consent to accept custody of the child. To the extent the natural parents are under 18, the consent of their parent(s) is not required.

Natural parents may also elect to surrender the child to an individual. The individual(s) accepting custody of the child will need to file a report of intent to adopt as well as sign a consent accepting custody of the child. They will also need to follow the other procedures for adoption which include getting necessary clearances as well as getting a home study, where applicable. Again, the natural parents should cooperate in petitioning the court for voluntary relinquishment of their parental rights. Alternatively, if the natural parents are consenting to the adoption, a petition for confirmation of consent can be filed instead. The court will schedule a hearing following receipt of petition for voluntary relinquishment or confirmation of consent. Notice of the hearing date must be served on natural parents as well as their parent(s) if they are still minors at the time. The natural parents should appear at the hearing. The court may enter a final decree of termination of parental rights after the hearing.  By April M. Townsend

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Guardianship of a Minor Child

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A guardian can be appointed to make decisions on behalf of a minor child. Temporary guardianships can be put in place without a court hearing. The guardianship would transfer the authority to make decisions for a minor child from the existing parent/guardian to another person for a limited time. A written agreement is required to identify exactly what authority is being transferred under the guardianship. Ideally, the agreement should be notarized in addition to being signed by all parties. The parties need to be of sound mind when signing the agreement.

Temporary guardianships can be revoked at any time.  For this reason, it is important to work towards other legally enforceable means for retaining custody of the minor if that is the goal. Temporary guardianships can be used so that prospective adoptive parents can take care of the intended adoptee while the adoption hearing is pending. This would enable the adoptive parents to make any medical decisions, enroll the child for school, etc.  Once parental rights are terminated, custody of the child is put with the prospective adoptive parents by court order. Once an adoption is approved, the prospective parents have final custodial rights over the child just as if they were the natural parents.  By April M. Townsend

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Foreign Adoption Decree

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A foreign adoption decree is a decree issued from another country regarding adoption that took place abroad. If you have adopted a child from abroad, you can take steps to register that foreign adoption here in the United States. Pennsylvania discusses the applicable steps in 23 Pa. C.S. Section 2908. The adoptive parents can file a properly authenticated copy of the foreign adoption decree along with copy of child’s via and birth certificate in the county where the adoptive parents reside. The adoption decree should be translated into English where applicable. If there is no birth certificate or other birth record for the adoptee, the parents may submit an affidavit instead.

The court is to supply a foreign adoption registration form for adoptive parents to use. The form should include information on how to obtain an adoption decree from the Commonwealth. Where the court is satisfied that a full and final foreign adoption was completed, they would enter the decree on the docket and issue a certificate of adoption to the parents. If the court is not satisfied that a full and final adoption took place, instructions regarding re-adoption are to be provided to the parents. All records submitted to the court to register a foreign adoption are maintained by the court and sealed. Filing fees may be assessed by the county for this procedure.  By April M. Townsend

 

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Foreign Adoption

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If you have adopted a child from abroad, there are several steps to take to finalize the adoption domestically. A re-adoption being filed in the United States can serve a few purposes. It can allow for an adoption decree that is in English. It can be required for immigration purposes. It may also be helpful for effectuating a name change of the child if not already completed.

The procedure for re-adoption in Bucks County is similar to domestic adoptions. It begins by filing a Report of Intent to Adopt. There is only one post-placement visit required that is usually completed by the agency the parties worked with for the foreign adoption. Once report is completed, petition for adoption can be filed. Copies of all the foreign documents (ex. Birth certificate, decree of guardianship, adoption decree) shall be translated if necessary, certified, and presented to the court for adoption hearing.

An alternative to refiling for adoption is to have a foreign decree of adoption registered with a local court. For this option the parents would file a certified copy of the foreign adoption decree with the court. It should be noted that no English language adoption decree will be issued, and the other issues addressed above will not be automatically resolved. A Pennsylvania birth certificate can be acquired through registration of a foreign adoption if at least one of the parents signs a statement regarding their US citizenship and PA residency. This allows the local court to register the foreign adoption with the Division of Vital Records as well.  By April M. Townsend

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Father’s Consent to Adoption

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Pursuant to 23 Pa. C.S. Section 2711(a), 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. Subsection (c) discusses specific time limitations as to when a consent can be signed however these time limitations are directed towards the natural mothers. A consent cannot be executed by a birth mother within seventy-two (72) hours of the birth.

A putative father can consent at any time after receiving notice of expected or actual birth of the child. A putative father is one whose legal relationship with the child has not been established but suspects he is the father born to a woman that he is not married to at the time of the child’s birth. A putative father is distinguishable from a birth father whose legal relationship with the child is established due to marriage to birth mother. A birth father would also need to wait a minimum of seventy-two (72) hours before executing a consent for it to be valid. Consent may be executed outside of Pennsylvania and still recognized here if executed in accordance with the law in the location where it was signed. The consent is irrevocable thirty (30) days after signature absent proof of fraud or duress.

 

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What Happens to the Family Pet?

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Many people consider their pets as members of the family and accordingly, when the family breaks up, custody of the pets can become an issue. While pets may be considered members of the family from the perspective of the owners, the courts in Pennsylvania deal with pets the same way as they deal with other inanimate personal property in the event of a divorce.

Parties can elect to enter an agreement on who will get the family pet or if there is a schedule to share the pet. This written agreement should be submitted to the court so that in the event either party does not comply, the disgruntled party can file for contempt and the court can assist in enforcing the agreement. The other option is to seek court intervention. This would require raising a count for Equitable Distribution in the Divorce Complaint. If you must go this route, understand the court will give the pet to one spouse or the other just as it would any other personal property such as furniture or TVs. Increase your likelihood of retaining your pet by showing you were the party that purchased the pet and/or you were the party that primarily cared for the pet in terms of vet appointments, grooming, etc.

 

 

 

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Child Support 101

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The amount of child support to be awarded in a case is based on statewide guidelines established by the state’s Supreme Court. The starting point for applying the guidelines is to identify the monthly income of the parents as well as the number of children in need of support. The guidelines are intended to ensure that similarly situated parties are treated similarly. Once the amount of support per the guidelines is identified, the amount is allocated between the parties based on their respective income as well as the custody schedule. The amount of support reflected in the guidelines is based on the average expenditures of children for food, housing, transportation and other necessary miscellaneous items.

Additional expenses for the children can be addressed as part of a child support award, such as cost of health insurance, daycare, private school tuition or camp. The amount of support dictated by the guidelines is presumed to be correct. There is not much room for argument as far as what amount of support is appropriate. The guidelines make financial support of children a top priority and the expectation is that other expenses will be adjusted to ensure the child support obligation can be met. Either party can initiate a complaint for child support to get a court order on the amount owed. Wage garnishment is the preferred method of collection for child support and the court will seek to have any support due taken directly from the pay check of the party paying support. Set up a consult with one of our experienced attorneys to better understand your obligations in child support.

 

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Guardianship

A guardian can be appointed by the court to make decisions on behalf of an adult individual who has been deemed incapacitated or incapable of making sound decisions on their own. The court must determine whether the individual for whom guardianship is sought can adequately manage their financial resources and/or meet basic essential requirements for their own health and safety. If you are the party filing for guardianship, the first step is to file a petition with the court. A hearing will be scheduled after review of the petition establishing a potential need. The petitioner (filing party) should secure expert testimony to corroborate the extent of the incapacity of the subject individual and the necessity for a guardian as the Petitioner has the burden to prove incapacity by clear and convincing evidence. At least ten (10) days prior to any scheduled hearing, notice of the hearing and a copy of the petition must be served on the individual for whom guardianship is sought (Respondent) explaining in plain language the possible ramifications of the forthcoming legal proceedings. Notice must also be given to any additional interested parties such as other family members or individuals that could serve as guardian.

In addition to a determination as to whether a guardian should be appointed, the court can also dictate what type of guardianship. Limited guardianship is appropriate where the Respondent is not totally incapacitated and is capable of managing some aspects of their life. In this case, the court must delineate what powers the Petitioner will have versus what rights the Respondent retains for themselves. Plenary guardianship grants Petitioner all rights as it relates to safeguarding the best interests of the Respondents. This would be appropriate for a Respondent who is totally incapacitated. The court must also indicate the duration of the guardianship with the court responsible to reassess the ongoing need for a guardian. The appointed guardian must act for the best interests of the Respondent and file a report each year with the court regarding the ongoing care of the Respondent. The Respondent or any other interested party can petition the court to modify or terminate the guardianship if circumstances change or if the appointed guardian is not acting appropriately.

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What’s changed with New Jersey’s new alimony reform laws?

Overhaul ends permanent alimony and makes it easier to reduce payments

In September of last year, New Jersey passed sweeping alimony reform legislation that is expected to have a big impact on family law cases in the state, according to The Record. The legislation brings a number of changes to spousal support in New Jersey, most importantly an end to permanent or lifetime alimony in most cases. The legislation has proven controversial, both for those who supported reform and those who were against it.

What has changed?

Under the new law, alimony payments will be limited to the length of the marriage. A court can only order a spouse to pay alimony for a maximum of 11 years, for example, if the marriage itself lasted 11 years. The law also stipulates that alimony payments end once the payer reaches retirement. However, alimony payments may continue beyond these limits in “exceptional circumstances,” such as when the payee becomes permanently injured during the marriage and is unable to return to the workforce.

The law also makes it easier for payer’s to reduce or terminate alimony in other circumstances. For example, according to NJ Advance Media, if the payee moves in with a new partner then in most cases his or her alimony payments will be terminated. Likewise, people paying alimony who have lost their job can apply to have payments reduced or terminated within 90 days.

Changes controversial

While many agreed that New Jersey’s old alimony laws were outdated, not everybody is happy with the changes. Those who were advocating for reform say the new law does not go far enough. For example, the changes will only apply to divorces filed after the law took effect and not retroactively. They also were hoping for clearer guidelines for how alimony amounts were calculated.

Other critics say that the law, while well-meaning, could have unintended consequences. For example, they say that the stipulation that alimony ends when the payee moves in with a new partner is too strict, especially since moving in with a new partner does not necessarily constitute a change in financial circumstances. Likewise, the rule that alimony ends when the payer reaches retirement-a rule that also applies to divorces filed prior to the law’s passage-could hurt people who divorce later in life.

Family law representation

New Jersey’s alimony reform is a significant step in how courts deal with spousal support and reflects changes that have been occurring across the country. The overhaul also show that when it comes to family law matters, people are still well advised to rely on a professional family law attorney in order to address their specific concerns. Alimony and other family legal issues remain complicated and difficult to understand for somebody without legal experience, but they can have a big impact on many people’s emotional and financial lives. As such, relying on expert advice can help ensure that these serious issues are dealt with in a compassionate and expert manner.

by

What’s changed with New Jersey’s new alimony reform laws?

Overhaul ends permanent alimony and makes it easier to reduce payments

In September of last year, New Jersey passed sweeping alimony reform legislation that is expected to have a big impact on family law cases in the state, according to The Record. The legislation brings a number of changes to spousal support in New Jersey, most importantly an end to permanent or lifetime alimony in most cases. The legislation has proven controversial, both for those who supported reform and those who were against it.

What has changed?

Under the new law, alimony payments will be limited to the length of the marriage. A court can only order a spouse to pay alimony for a maximum of 11 years, for example, if the marriage itself lasted 11 years. The law also stipulates that alimony payments end once the payer reaches retirement. However, alimony payments may continue beyond these limits in “exceptional circumstances,” such as when the payee becomes permanently injured during the marriage and is unable to return to the workforce.

The law also makes it easier for payer’s to reduce or terminate alimony in other circumstances. For example, according to NJ Advance Media, if the payee moves in with a new partner then in most cases his or her alimony payments will be terminated. Likewise, people paying alimony who have lost their job can apply to have payments reduced or terminated within 90 days.

Changes controversial

While many agreed that New Jersey’s old alimony laws were outdated, not everybody is happy with the changes. Those who were advocating for reform say the new law does not go far enough. For example, the changes will only apply to divorces filed after the law took effect and not retroactively. They also were hoping for clearer guidelines for how alimony amounts were calculated.

Other critics say that the law, while well-meaning, could have unintended consequences. For example, they say that the stipulation that alimony ends when the payee moves in with a new partner is too strict, especially since moving in with a new partner does not necessarily constitute a change in financial circumstances. Likewise, the rule that alimony ends when the payer reaches retirement-a rule that also applies to divorces filed prior to the law’s passage-could hurt people who divorce later in life.

Family law representation

New Jersey’s alimony reform is a significant step in how courts deal with spousal support and reflects changes that have been occurring across the country. The overhaul also show that when it comes to family law matters, people are still well advised to rely on a professional family law attorney in order to address their specific concerns. Alimony and other family legal issues remain complicated and difficult to understand for somebody without legal experience, but they can have a big impact on many people’s emotional and financial lives. As such, relying on expert advice can help ensure that these serious issues are dealt with in a compassionate and expert manner.

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