Grounds for Involuntary Termination

Termination of parental rights means the natural parent of a child forever loses or forfeits any rights as a parent. This would include the loss of any standing for future custody actions. Termination of parental rights can generally only occur in conjunction with an adoption matter or involvement by a local social services agency. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights. Several of the grounds available relate to crimes committed by the parents. For example, rights may be terminated if the parent(s) have committed child abuse or neglect. This can result in a criminal charge of endangering the welfare of a child.

Rights may also be terminated in connection with rape. Specifically, whether the parent is the father of a child conceived as a result of a rape or incest. Either parent can lose their rights if convicted of any of the following offenses in which the victim was a child of the parent: criminal homicide, aggravated assault, a comparable crime in a different jurisdiction, or any attempt/conspiracy to commit the above. The party seeking termination 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.

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Why do I have to attend Credit Counseling?

First, it is required by law. In accordance with Title 11 US Code Section 109(h)1, in order to be a debtor and file a Bankruptcy Petition a person must have in the 180 days before filing the petition completed received a certificate of compliance that they have completed pre-filing counseling with an approved agency. A debtor is also required to complete pre-discharge debtor education after you file. Both are required before the filer’s debts can be discharged however the pre-filing counseling must be completed before filing.

Second, avoid filing. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program can provide these Certificates of Completion. Not all programs are the same. Many are just a rubber stamp to move you along to the filing however this provision was made a part of the law for a very important reason that people miss. If you attend credit counseling from a good program, they may be able to help you and you will NOT have to file for bankruptcy at all. Credit counseling agencies are designed to try to work with creditors to consolidate your debt. If you fit as a candidate for a credit counseling program, you will make one monthly payment and the credit counseling agency will pay something to each of your creditors until they are paid off. They will also work to try to stop the bleeding of the interest accumulation. Credit counseling agencies do a thorough budget process to find out if you have any disposable income to be part of the debt program. If not, you may need to resort to a Chapter 7 or Chapter 13 however many people do fit the program.

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Third, financial health. Although, being part of a debt consolidation program does appear on your credit report, it is not considered to have the same negative effects as filing a bankruptcy. If you are not a candidate for a credit counseling program and you do need to file a Bankruptcy petition, the hope is with completion of these programs you will be able to avoid being in these situations again. If you qualify for a Chapter 7 and you discharge all your debts, the worst thing that can happen is to be right back in the same spot a few years later. The pre-discharge debtor education helps people identify the reasons that they ended up in this spot. It gives great tips for financial health and budgeting processes that can help individuals stay on track. All of this information, if strongly considered, can get you going and staying on the right path.

Bottomline don’t discount the reasons why the law made this a requirement. If you want to find out more information about what would be considered a good credit counseling program as well as more information about Bankruptcy in general, make an appointment to talk to one of our attorneys.

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Agency Adoptions

An agency adoption is utilized my prospective parents who do not have direct contact or a pre-existing relationship with the natural parents. When working with an adoption agency, the agency serves as an intermediary between parties looking to adopt and parties looking to relinquish their rights as a parent and place a child for adoption. There are numerous requirements and background checks for parties looking to adopt to complete to be eligible as a prospective family. Parties looking to relinquish their rights can often view the profiles of parties looking to adopt to find a good match and vice versa.

Using an agency for an adoption does come at a cost for prospective parents. Fees vary by agency and state but can be in the range of $40,000. You may be eligible for a tax credit for a portion of these costs. Below are some of the adoption agencies in the Greater Philadelphia area:

Open Arms Adoption Network

Adoption Network Associates

Adoptions From The Heart

Adoption ARC

Living Hope Adoption Agency

Haven Adoptions

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Fostering to Adopt

There are always a number of children looking for quality foster parents to provide a stable, loving environment while waiting to be reunited with family or transition into a forever home. To get started as a foster parent, you will need to apply and pass several background clearances. Your home will also be inspected as part of the process. Training is available as well as support throughout the process including, but not limited to, financial support, medical assistance, respite care, and other caseworker services. You can indicate your preferences for which children you would take into your home in terms of age, sex, etc.

Serving as a foster parent can also be an avenue to adoption if reunification is not possible. When working with a social service agency, they will handle all the paperwork and guide you through all the procedures to complete the adoption. This can alleviate the financial costs associated with other methods of adoption such as attorney fees or agency fees. Additionally, many of the services you receive as a foster parent may still be available to you post-adoption. For more information on how to become a foster parent, visit:

http://www.buckscounty.org/government/HumanServices/ChildrenandYouth/FosterParent

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What If I Don’t Have the Documents I Need for Divorce?

When you meet with your lawyer or mediator to begin the divorce proceedings, you need to have many documents with you, both personal and financial. Not having access to these documents could delay proceedings or damage your case and limit your settlement options. A partial list of documentation includes:

  • Personal data: birth certificate; marriage license; life insurance and healthcare insurance; employment information and income; will and living will or advanced directive; power of attorney
  • Financial data: complete list of assets (bank accounts, investments, pensions, and value of homes, cars, and personal property like jewelry, furniture, etc); expenses (all bills, loans, mortgage, etc.); income tax returns for the past several years; list of assets or expenses obtained or incurred singly before marriage or given to individual as a gift after marriage (both spouses)
  • Childcare data: costs of childcare, evidence of each parent’s involvement in the child’s upbringing (involvement in school, sports, etc.) for custody settlement

This is a lot of information, and you may not have access to the records for a variety of reasons. But there are ways of getting what you need, although in some cases you may need help from your lawyer.

If vital personal records were lost or destroyed: For items such as birth certificates, green cards, income tax statements, and more, you can contact the federal government for duplicates. You will need to supply your social security number and you may need to show some other identification. In some cases, you may need to apply in person, while in others, like tax statements, you can make your request online.

If your spouse has the records of bills or assets and refuses to share: You may need to have your lawyer request a subpoena be issued to give you access to all the critical financial data you need. And as soon as possible upon deciding to divorce, sever all joint accounts, whether bank accounts, credit cards, or other things like family email, iTunes, social media, and others. See Shared Accounts and Your Divorce for more details.

If your credit card is in your spouse’s name but you are a secondary name, you can just call and have your name removed. If it’s a joint account, however, it may not be that simple. If both names are on any account, the company will hold you jointly responsible for the balance, and both of your credit scores will be affected by unpaid balances.

To prevent further use of joint credit cards or the withdrawal of money from joint bank accounts, your lawyer may have to request a temporary restraining order to freeze these accounts. Please discuss this with your attorney as soon as possible.

If you need evidence of child support and involvement: Contact your child’s school or daycare for copies of payments sent or parent-teacher conferences where the teacher would have recorded which parents attended. Photos and social media posts may also demonstrate the level of involvement in a child’s life by either parent.

Remember, it’s critical to have your documents as complete as possible in order to put you in a position of strength for your settlement or court appearance. You want to get the best financial and child custody arrangements to help you and your children be as comfortable as possible and be able to move on in a new life. Contact us here at Ulmer Law in Doylestown for our legal and mediation services. Let us help you.

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Issues When Dividing Vacation Properties in Divorce

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In Pennsylvania, if a divorcing couple cannot come to an agreement outside of court, all marital assets will be divided according to equitable distribution, which means, effectively, whatever the court thinks is appropriate after considering a number of factors. As long as both parties are reasonable, we encourage divorcing couples to avoid court so they can retain control of the division of their marital assets.

This is true for all assets, including vacation property. Even if the property was given to one spouse exclusively or purchased exclusively with one spouse’s income, and no family money was ever used to pay for its mortgage or upkeep, such property may be considered marital and will factor into the division of assets. Whether your divorce goes to court or not, you will probably have to decide what is to become of your vacation property.

Appraise the asset

Before you decide what to do with the property, you need to get an accurate appraisal of its market value. Also important is a complete listing of all costs associated with owning and maintaining the property: mortgage, interest, taxes, utilities, repairs, landscaping, and more.

With this clear, factual foundation, you can begin to evaluate the course of action that will best benefit the two of you and any children you have.

Decide your best option

Selling the property might be the easiest choice, allowing you to divide the funds received between you. It can be emotionally difficult to let go of a place where you may have created fond memories, but consider your need for liquid assets and the simplification of the process, which are important advantages to this option.

If you and your spouse are on reasonably good terms, you could choose to keep the property and divide its use. This is advantageous if children are involved, since they would still have the familiar vacation home to go to, providing them with much-needed security and continuity. But be sure to create a written document, signed by both of you, that will clearly delineate the times and seasons each will be using the home, the expenses each of you will be responsible for paying, and the dates those payments must be made. Your lawyer will be able to create a comprehensive document that will ensure that you both get good use out of the house without increasing tension.

You may also decide that one partner gets the family home and the other gets the vacation home. The complication here is in the valuation of each residence. If one house is worth significantly less, the spouse with the less expensive house can negotiate additional assets or benefits in order to balance the value of the two properties. However, if that house also has much lower expenses, the spouse with the more expensive home should insist that this benefit be factored into the negotiations.

 What about timeshares?

Treat a timeshare in the same manner you would treat a vacation home or vacation yacht or any other additional asset. First, get it appraised so you know what it is worth. Then, negotiate.

Get help

A seasoned divorce attorney can help you through all the nuanced legal and financial issues involved in divorce because we have helped many people through the process. Contact us here at Ulmer Law to see how we can help you, too.

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Obtaining a New Birth Certificate After Adoption

After your adoption hearing, you will still need to take a few steps to obtain a new birth certificate. 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. If the child was born in another state, the Certificate of Adoption would be forwarded to Vital Records in the state where the child was born. You would need to follow that state’s procedures for obtaining a new birth certificate. For additional information on requesting a new birth certificate through Pennsylvania visit: https://www.health.pa.gov/topics/certificates/Pages/Birth-Certificates.aspx

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Necessary Documents for Adoption

Prior to filing an adoption petition you should make sure you have all the requisite documents to submit to the court simultaneously. This will permit the court to schedule your petition sooner rather than later. Exactly which documents you will need to include depend on what type of adoption you are seeking. All petitions will require signed verifications by the petitioners. You must also submit proof that all parties received information regarding Act 101 and the opportunity for post-adoption contact by mutual agreement. You will need the original birth certificate for the adoptee. Additionally, prospective parents and any other adult household members will need to have the requisite clearances completed and the results of those clearances should be attached to the petition.

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.

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Adoption Hearing

One of the final steps in the adoption process is the adoption hearing. The hearing is often ceremonial in nature. It is common for family and friends to attend along with the prospective adoptee parents. The adoptee(s) must be present as well. At the hearing, the Petitioners should be prepared to show all legal requirements for an adoption have been met. Any documents that were attached to your original petition or subsequently filed with the court should already be in the court file (i.e. original birth certificate, background checks, home study report.) Additional requirements may include service on the opposing party in which case you should be sure to have valid proof of service with you for your hearing.

As adoption is permanent, there are some questions to make sure the prospective adoptive parents understand exactly what they are taking on. For example, prospective parents will be asked if they understand the adoption confers all the legal rights and duties between a parent and child that the law provides 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.

The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings. As a family member or friend, you can bring gifts or cards however, the court has a strict no balloon policy. After receiving the final decree of adoption, you can follow up with getting a new birth certificate for the adoptee.

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Counseling for Adoption

Each county is responsible for keeping a list of qualified counselors who are available to assist natural parents contemplating voluntary relinquishment or facing involuntary termination of their parental rights. Prior to an adoption taking place, the rights of the natural parent(s) must be terminated. This is a permanent act and accordingly, the courts ensure that the natural parents understand and have a chance to discuss with a qualified professional. A portion of the filing fees paid to the court for adoption/termination proceedings go towards supporting that county’s counseling fund which subsidizes the costs for counseling where the natural parent(s) desire to participate but are unable to afford it.

The court should inquire as to whether the natural parent(s) had an opportunity to utilize counseling services if they appear at the termination hearing. If the natural(s) have not received any counseling, the court can postpone a decision on termination to allow the natural parent(s) an opportunity to seek counseling. If the natural parents are not present, the court at least expects proof of valid notice of the proceedings on the parents. The required notice does make it clear that they have a right to appear at the hearing and if they fail to do so their rights can be terminated by the court. The notice also apprises natural parents of their right to seek an attorney and strongly advises that they do so.

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