What steps need to be taken to adopt a stepchild?
Answer: The most significant step in adopting a significant other’s
birth child or children is that of obtaining consent from the other
birth parent. It is a requirement to obtain this consent in order for the
adoption to be formally recognized. Home visits, adoption hearings,
and long waiting periods may be avoided because the adopted
children are related to the birth parent.
DIVORCE, ANNULMENT,
PROPERTY SETTLEMENTS,
ALIMONY, CHILD CUSTODY AND
VISITATION AND CHILD SUPPORT
Family law in Pennsylvania covers a broad spectrum of the
consequences of divorce such as child custody, adoption, and paternity
testing.
What is the difference between a divorce and an
annulment?
Answer: Grounds for divorce typically fall into two categories:
fault and irreconcilable differences, whereas grounds for annulments
include being underage, presence of an undissolved previous
marriage, and mental incompetence, such as insanity or serious
mental disorder.
How is property division decided?
Answer: Pennsylvania is an equitable distribution state. When two
parties cannot reach a settlement on division of property, the Court of
Common Pleas distributes assets in an “equitable fashion,” meaning
what is deemed to be fair by the courts. Equitable division takes into
consideration length of marriage, prior marriages, income and value
of property, among other things. Property division is only determined
after a couple enters into a divorce.
What are the deciding factors in awarding child custody?
Answer: In all states, both parents have equal rights to custody over
a child. Parents are both required to provide the court with reasoning
on what is in the best interest of the child. Some states take into
consideration age and/or sex of the child when deciding custody.
GUARDIANSHIP AND FOSTER CARE
Being a legal guardian or becoming a foster parent comes with the
same responsibilities as being a parent, but may offer a child the best
possible environment for living.
When should a Petition for Guardianship be filed?
Answer: Typically, petitions for guardianship of a child occur when
both parents pass away, are missing, have a drug/alcohol problem, or
have mental problems.
How is guardianship decided?
Answer: A legal guardian must be over 18 years of age, have a
genuine interest in the child’s welfare, and must be able to physically
and financially fulfill the responsibilities of raising a child.
What are the laws and regulations for fostering a child?
Answer: It is required for interested individuals to be at least
21 years of age to apply to become a foster parent. Individuals will
undergo extensive background checks, including a criminal check
and child abuse clearances on all those living with the applicant
over the age of 14. Financial stability will be assessed, along with the
physical features of a home, to determine that there is adequate space
for an additional child or children. Emotional stability, ability to
provide a safe and stable environment, family life, and relationships
with own children are also taken into consideration when evaluating
an individual. n
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