Adoption – Other adult household members

Background checks are required for all prospective parents in an adoption matter. In Pennsylvania, there are three background checks that are required: Pennsylvania Child Abuse History Clearance through the Department of Human Services, Pennsylvania Criminal Record Checks through the State Police, Federal Bureau of Investigations (FBI) Criminal Background Check through the Department of Welfare. These same background checks must also be completed for all other adult household members where the adoptee will reside. At this time, requests for checks for the Pennsylvania Child Abuse History Clearance and Pennsylvania Criminal Record can be done online. The FBI Criminal Background check does require fingerprinting to complete. An appointment is recommended and can be made online. You will need to bring certain forms of ID to your appointment and should specify the check is for prospective adoption.

The cost for each background check is nominal and is due at the time of service. Presently, the Pennsylvania Child Abuse History Clearance is $13, the Pennsylvania Criminal Record Check is $22, and the FBI Criminal Background Check is $23.85. These costs are per person. Clearances should be attached to your adoption petition and/or submitted to the social worker who completes your home study. Clearances are valid for a year. Clearances can be transferred for other use including volunteering or employment. For more information on the required clearances visit http://keepkidssafe.pa.gov/resources/clearances/index.htm

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Adoption Costs

There are numerous 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. Prospective parents will need to have background checks done prior to the adoption. Pennsylvania presently requires three (3) different background checks. Pennsylvania Child Abuse History Clearance through the Department of Human Services, Pennsylvania Criminal Record Checks through the State Police, Federal Bureau of Investigations (FBI) Criminal Background Check through the Department of Welfare. The costs are nominal for each of these inquiries. A home study is required for a non-kinship adoption. Due to the intensive inquiry that must be completed, this is usually a fairly substantial cost ($700+). A home study is not required for a family adoption.

There is a filing fee due to the court for an adoption petition once you are at that stage in your case. Other petitions may need to be filed depending on your circumstances and may involve additional filing fees. For example, you may need to file a petition for involuntary termination or confirmation of consent in addition to adoption petition. Filing fees vary by county but can be up to a few hundred dollars. Retaining an attorney for representation in an adoption is crucial due to the stringent requirements and procedures. Most attorneys charge hourly for their time. Ultimately, total 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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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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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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Publication of 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. Proof of service should be filed with the court and/or submitted at the time of the hearing. If you do not have a good address for an interested party you can petition the court to permit service by an alternate method, such as publication in the newspaper where the party was last known to reside.

The court would indicate for how many weeks the notice must be published in the newspaper. The newspaper provides a certification as the publication that can be submitted to the court as verification that the required publication was completed. This adds to the costs of the adoption matter as it can cost several hundred dollars to publish. You should also be careful to include all necessary information in the publication so that the court can accept the publication as acceptable service.

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Paternity Fraud

Establishing paternity can be as simple as the father executing a voluntary acknowledgment of paternity form. The acknowledgment indicates the father is waiving his rights to any genetic testing or trial on the issue of paternity. An acknowledgment acts as conclusive evidence that the person who signed the acknowledgment is in fact the father of any subject child(ren). Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. 23 Pa. C.S. Section 5103(g) discusses grounds for rescission of an acknowledgment. It can be revoked within the first sixty (60) days of signature. After 60 days, it can only be rescinded by court order following a hearing. A hearing can be requested by filing a Petition with the court.

The party challenging paternity must prove, by clear and convincing evidence, that there was fraud, duress or material mistake of fact when signing the acknowledgment. Even if a party believes they can prove one of the above, there is a second hurdle based on the concept of paternity by estoppel. Paternity by estoppel acts to impose an obligation on the party who holds themselves out as a father to the child and supports the child to continue to support the child even if there is no biological connection. The Pennsylvania Supreme Court has held that the purpose of paternity by estoppel is to protect the best interest of the child by shielding them from claims of illegitimacy and, potentially, a broken family. The courts have refused to order genetic testing to revisit paternity if a party has been acting as a Father under this legal principle. You should never sign an Acknowledgment of Paternity if you have any doubts about the actual parentage of the child. Instead, you should file for genetic testing right away before assuming the role of parent, caring for the child, and building that relationship.

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Is Your Ex Sabotaging Your Summer Plans?

Depending on your custody arrangement, summer can be a time for your children to spend more time with each of their parents. It can be difficult to juggle vacation plans and visitation for two different households; occasional confusion may arise and compromise is necessary. But when your ex is consistently failing to follow through or seems to be intentionally sabotaging your summer plans, you need to take action, for your sake and your children’s.

 

Keep records of all communication

Keep all interaction with your ex civil. This is very important, not only because it may bring about the desired results, but because if you need to file a motion, the court’s judgment will be influenced by which is the more reasonable, mature parent. You want to be that parent.

 

If possible, do all communication about summer arrangements with a paper trail. Use email or a parenting portal that is admissible in court and tracks when parents receive messages, so your ex cannot argue that he or she never received your message.

 

Track all phone conversations, record if possible (and let your ex know you’re recording), and keep a detailed log.

 

Try to keep your communications positive. When you feel you cannot respond respectfully or calmly, wait until you’ve calmed down and consult with your custody attorney about the best way to respond. When necessary, let your attorney handle negative communications, which he or she can do dispassionately.

 

Remind your ex of the terms of divorce and custody agreements

In writing, remind your ex of the divorce agreement and/or custody agreement. If the agreements are clearly being violated, you have good standing to demand they be followed, and you are not required to give in to what your ex wants.

 

Create clear boundaries

If your ex isn’t breaking any agreements but is just being unreasonable – repeatedly making changes at the last minute, calling at odd hours, or blaming you for plans falling through – keep documentation, but also protect yourself and your children. Create clear boundaries – in writing – for when you will accept calls and/or how much notice you need for schedule changes.

 

These are reasonable requests. If your ex will not follow them, hold firm. Do not answer the phone or read emails outside the time stated, and do not accept last minute changes. Obviously, if your ex was supposed to pick your children up from summer camp and suddenly can’t, you must do so, but do not set yourself up for another sabotage. If he or she will not abide by these simple guidelines, it may be time to file a complaint with the court.

 

Avoid future summer conflicts

If you have kept a clear record of ex-spouse sabotage or lack of cooperation in co-parenting responsibilities, petition the court for changes in the custody agreement that will prevent another summer of frustration. Consider requesting that you both attend co-parenting counseling. You do not want a battle over your children for the next however-many summers. It’s not good for you or your children.

 

Contact us here at Ulmer Attorneys at Law, experts in Pennsylvania divorce and custody law and mediation, to find out how we can help you.


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Divorce and the Stay-at-Home Mom: 7 Immediate Must-Dos

If you’re facing divorce after you dedicated years to staying home and raising your children, you need to act quickly to protect yourself and your children. Follow these important steps:

 

1. Find an expert in Family Law and Mediation who can help you protect your financial future as well as negotiate arrangements that will be best for the children. You don’t know which direction your divorce will take. You may be able to settle amicably and mediate child support and visitation that’s agreeable to both of you… and you may not. You need a lawyer who is committed to settling out of court if possible but is capable of winning in court if necessary.

 

2. Make copies of all important financial documents – tax forms, bank statements, bills. Your lawyer will need these to make sure you get a fair division of assets as well as sufficient child support and spousal support.

 

3. Create a list of tangible assets that are important to you for the settlement. Consider, too, the value of your house and the expense of maintaining it (including taxes). For many people, downsizing is the best option – it frees up cash, decreases expenses, and helps you start over again without painful memories. But every situation is different. Discuss with your lawyer and a divorce financial analyst.

 

4. Protect current assets and create a personal bank account. Talk to your lawyer about freezing assets in a joint account to prevent your husband from withdrawing everything and leaving you penniless. Also discuss how you can create a stash of cash in your own name to hold you over until the divorce is settled.

 

5. Consider getting a job. This is tricky for the stay-at-home mom, because if your husband is currently out of work or quit his job and you take a minimum-wage job to keep the roof over your head, you could be considered the breadwinner. But if your husband is still gainfully employed, a part-time job may give you the funds you need until settlement.

 

6. Consider if/when you will go back to work after the divorce and what you need to do to prepare. If your divorce has to go to court, the judge will consider the age and health of your children, the years of marriage, and your skills to determine if you should be expected to return to work and when. Prepare now for that likelihood by looking at online courses you could take to brush up on your skills and make you more marketable.

 

7. Have someone to talk to. This is a very stressful time, but with help, you can do it. Your lawyer will work to give you the best settlement you can get, but he or she is not a therapist. You may need a professional counselor or a support group who will give you the strength and support you need to get you to the other side. Consider a counselor for your children as well.

 

There are other things you need to do, but these are the most immediate. If you’re a stay-at-home mom getting divorced in PA, contact us at The Legal and Mediation Services of Karen Ann Ulmer, Attorneys at Law to see how we can guide you through these and other important steps you need to take to protect yourself and your children.


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