Father’s Consent to Adoption

, , ,

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.

 

by

Certificate of Adoption

, , ,

Following successful adoption, the court shall issue a Certificate of Adoption pursuant to 23 Pa. C.S. Section 2907. This certificate is signed by the Judge and verifies the court has granted the adoption. The certificate can be used as evidence for any subsequent legal proceedings. The name(s) of the natural parents are not to be disclosed on the Certificate of Adoption. The Certificate of Adoption includes a raised seal. Additional certified copies of the Certificate can be requested from the court post-adoption. Nominal cost may be assessed for each additional certified copy.

In addition to the Certificate of Adoption, adoptive parents can also request a new birth certificate for the adoptee. The Department of Vital Records handles requests for new birth certificates. There is a form to complete as well as a fee for new birth certificate. You should be sure the Department of Vital Records has received confirmation of the adoption from the court prior to ordering a new birth certificate. The new birth certificate can reflect new name of adoptee, if applicable, and the names of the adoptive parent(s) would replace the names of the natural parent(s).

 

 

by

Right to Child Support

, , ,

Child support is paid between parents for the benefit of their children. It is up to the parents to timely file for support to get a support award established. They are also responsible for seeking any necessary modifications. Change in income of either party or a change in the custody schedule for the child can impact the amount of support owed. If you have requested support through the court, the court will assist in monitoring compliance with the order as well as petitions for contempt and enforcement for lack of compliance. If you have a private agreement for child support, you will need to keep track of payments and file for relief with the court if there is an issue.

While support is for the benefit of a child, the child cannot legally make any demands regarding support or seek to recoup payments. This issue has been previously addressed by the courts in Pennsylvania. In Chen v. Chen, 893 A.2d 87 (2006), parents had entered into a Propery Settlement Agreement with provisions for child support. Father had an obligation to notify of income changes that may warrant an increase in support but he never did. The parties’ daughter, once 18, filed to intervene in a pending petition for contempt and enforcement of the agreement which was initially filed by Mother. Daughter argued that as the intended beneficiary of the support, she had standing to pursue enforcement. The lower courts agreed and calculated unpaid support of over $59,000 due to Father’s failure to update the support award over the years despite increased income. The Supreme Court of Pennsylvania reversed the prior decisions finding that while children may be incidental beneficiaries of a support award, they do not have a direct interest in receiving cash payments. Instead, the intent is for support of the child generally through the parent with custody.

by

All Parenting Plans Are Not Equal

,

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.

Download full article (PDF)

by

Pennsylvania divorce: Helping the kids adjust to the changes

, ,

Parents cannot eradicate the upheaval and upset their divorce may cause their kids, but there are things they can do to help them cope.

The Pennsylvania Department of Health reports that 33,749 couples across the state got divorced or had their marriages annulled in 2016 alone. While the breakup of a marriage may be trying for the adults involved, divorce may be particularly upsetting for the children. Although parents cannot completely alleviate the upset that the end of their marriage may cause their children, there are things they can do to help them adjust to this type of major life change.

Allow children their reactions

Not all children react in the same way or in the same timeframe to the news that their parents are getting divorced. Some may initially express feelings of anger or sadness, while others may seem ambivalent and instead only show concern for how the split will affect their day-to-day lives. This may include asking who they will live with, whether they will have to change schools and how the parenting-time schedule will work. It is important that parents reassure their kids that their feelings are normal, and encourage them to share their emotions as openly as possible.

Consistency, consistency, consistency

Their parents’ marriage coming to an end may make some children feel as though their worlds have been turned upside down. While they may not be aware of it themselves, this may cause them to crave and need structure even more than normal. As such, it is suggested that parents try to maintain their children’s routines as much as possible during and after a divorce. Additionally, they should attempt to keep the same rules in both parents’ homes and stick to them. Relaxing the rules or completely altering kids’ schedules may lead to insecurities, and inhibit, rather than support, their coping and adjustment to the changes.

Keep the kids out of adult matters

As parents work through the issues that must be settled during a divorce, it may lead to adult discussions or arguments. While this is to be expected, it may cause problems for children’s adjustment if it takes place in front of them. Thus, parents are advised to talk about difficult matters, like child support or alimony, over the phone or when their kids are not around. Further, it is recommended that people refrain from talking badly about their exes in front of their children, asking their kids for information about their other parents or otherwise using their children against their former spouses.

Ask for help

Given time and the support they need, many children rebound from their parents’ divorce and move forward. In some cases, however, kids may need additional help dealing with their feelings and the changes. Should children show signs of distress or seem to otherwise be struggling to cope, parents may consider using the services of a professional, such as their kids’ pediatrician or a counselor. It may also be helpful for people to clue their children’s teachers in to what is going on so that they can aid in monitoring how they are adjusting.

Without contention or complications, Pennsylvania divorces may be challenging enough for families to get through and move on from. However, when the process is drawn out, it may be even more traumatizing for those involved and cause lasting fractures within the family. Therefore, those who are considering a divorce or whose spouses have already filed may find it of benefit to consult with an attorney. A lawyer may not only explain their options and the legal process, but also aid them in negotiating and resolving their cases.

by

Child’s Opinion in Custody

,

Any custody award in Pennsylvania is to be based on the best interests of the child. Section 5328 of the Domestic Relations statue lays out 15 factors to be considered when awarding custody in addition to any relevant factor. One of enumerated factors is “the well-reasoned preference of the child, based on the child’s maturity and judgment.” Accordingly, there is no magic age at which a child is permitted to give their opinion on custody. Instead, the court weighs the child’s opinion and generally gives it more weight as the child is older. Children mature at different paces and perhaps the weight to be given to a 10 year old’s opinion could be greater than a 13 year old’s opinion. I think it is safe to assume teenagers are able to give a reasoned preference, will be permitted to do so, and that opinion would carry some weight.

Section 5323 provides that the court must detail the reasons for its decision either on the record in open court or in a written opinion. 23 Pa. C.S. 5323 (d). Therefore, the court must go through each factor that it considered and explain why it decided as it did. This means that the child’s preference cannot be the sole factor considered. The Superior Court has been strict in upholding the requirement for the court to go through all factors in a decision. In J.R.M. v. J.E.A., the court awarded primary custody to the mother and father appealed on the basis that the trial court did not consider the 16 factors listed in Section 5328. 2011 PA Super. 263 (2011). The Superior Court granted the appeal, agreeing that the trial court did not properly consider the factors listed in the statute. Accordingly, all parties in a custody action should be prepared to address all relevant factors in their case and not just rely on one.

by