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Pennsylvania Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: How do i get biological fathers rights taken when he has had not contact in over a year

My daughters and sons bio father has supervised visits only and has had not contact in over a year how do i get his rights taken so that my husband can adopt her? He is listed as father on my daughters birth certificate but not on my sons.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 5, 2017

You file a petition to have the court terminate them. That petition would be filed in conjunction with a petition seeking adoption by your husband. Many counties expect that you have an attorney represent you during these proceedings so it's my recommendation that, before you do anything... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: How do you adopt a child when there is no father listed on the birth certificate

There is no father listed on my sons birth certificate how does my husband go about adopting him

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 5, 2017

I suggest that you discuss this situation in person with a local attorney experienced in adoptions. If you know who the father likely is, you may have to ask him to voluntarily relinquish his parental rights or have the court involuntarily terminate them. I suspect that's a can of worms you... View More

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My son was adopted at 7. I had no idea. The state of pa kept taking payroll deduction. I overpaid $32,000 who is respons

The x never told child support of the adoption. I spoke to an Lawyer years ago about it he said does she own anything i said no he said well you can't get anything. I feel the people that took the$$ out of my pay should give it back

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Technically she is on the hook. Contact a lawyer who handles domestic issues and also claims. Worth filing a claim.

1 Answer | Asked in Adoption, Child Custody and Child Support for Pennsylvania on
Q: If a father hasent seen or spoke to his child in a year and barely pays child support. Can Intake further legal action?

I have Primary physical and sole legal custody of my child. And I contacted him last for a visit on July 25 2016 and he left me on seen. Every Holiday never called. Not even in his birthday. And my Fiancé now has been taking care of him for almost 2 years . His father has barely been in his life.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 30, 2017

You should speak to an attorney knowledgeable about adoptions in your county. In PA, an adoption might be possible but most judges prefer to know that there's a long-term commitment to the child and family, i.e. a marriage, rather than being just a fiance

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: My friends child was taken by cps.how can her family get the child and they live in another state

They think she hit her child.she was at work that day and her child was in daycare. When she got home n saw the makes she took her to the er to show she didn't do it but the daycare said it didn't come from them

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 27, 2017

Your friend needs to retain an attorney experienced in dependency and child abuse cases. her family should contact CPS to advise that they're ready and able to provide for the child while the investigation is ongoing. The fact that they live out of state may pose a problem, however.

1 Answer | Asked in Adoption, Family Law and Child Custody for Pennsylvania on
Q: My bestfriend is 5 months pregnant and she is seriously considering adoption. I was adopted and went through horrible

abuse from them. As well as a lot of other things. She is weary of giving him up for adoption to just anyone and she wants me to adopt him, maybe even have everything signed and done before he is born. I just turned 20 and I techniqually have five step children but would love another. As well as... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 3, 2017

Your friend should discuss this with a local attorney experienced in adoptions. Certainly what you ultimately want to do may be possible, but there are a lot of factors to take into consideration. Are you married? I note that you say you "technically" have five step children, which tells... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for Pennsylvania on
Q: I was adopted along with one of my biological brothers by the same family. There was a lot of abuse and things happened

and they ended up "giving him back to the state". He went to other foster homes and a group home, until he turned 18. Because things got so bad at the home i did what i could to stay and keep going especially for my younger adopted siblings, but it got to be too much. I was living down in... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 3, 2017

It's difficult to know what your question is. If you're concerned about the welfare of the child still ion your adoptive mother's care, you could file a report with the county child welfare agency. It's going to be difficult to obtain information about the other children if... View More

2 Answers | Asked in Adoption and Family Law for Pennsylvania on
Q: My fiancé has raised my oldest daughter since she was 4 and now he wants to adopt her. How can I start the process?

Her biological father has sent $50 in 4 years and she has not seen or talked to him since 2013. I went to domestic relations to try and get child support and they could not find him so they closed my case. Do we need his consent? In the state of Pennsylvania is no contact or support considered... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Either he would need to consent or you would need to terminate parental rights. Consult an attorney who handles family practice matters in your county.

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1 Answer | Asked in Adoption, Family Law and Child Custody for Pennsylvania on
Q: My mother adopted my children in 2011 it finished in 2013 can I try to get them back in the future

Woman can only be on birth control for so long before I can become harmful to the body if I become pregnant are they taking him too just like that?can I ask free questions to a lawyer about my case or what do I do to get these answers

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

Once your parental rights were terminated and your children adopted by your mother, you ceased to be the legal parent of your children. therefore you have no right to seek custody. As far as your birth control question goes, I can't answer that because I'm not a physician. I can't... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Pennsylvania on
Q: My mother adopted my children in 2011 it finished in 2013 can I try to get them back in the future

Not custody partial half custody also a Woman can only be on birth control for so long before I can become harmful to the body if I become pregnant are they taking him too just like that?can I ask free questions to a lawyer about my case or what do I do to get these answers

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

If you mother adopted your children, then you are no longer the children's legal mother and so there would be no custody standing available to you. I can't respond to your question about taking birth control pills. I'm not a doctor.or sex therapist.

I don't know who...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My mother adopted my children a few years back can I try to get half custody just to help out in apmts

mom adopted my kids I wanna know if I can try to get joint custody with my mom?

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

It would be difficult. When your mom adopted you children, your legal standing as the children's parents was ended. Perhaps y she and and you might be able to enter into an written agreement and have it made a court order but I suggest that you speak with a local attorney experienced in family... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: We recently lost a Petition to Adopt in York County Pennsylvania for our grandchildren.

The parents rights had been terminated. CYS was involved and had placed the children 7 and 4 in a kinship with my mother who is 79 and her current husband who is disabled. We wish to appeal. When we file the appeal do we need to copy all parties involved? The judge heard both petitions at the same... View More

Ryan L Hyde
Ryan L Hyde
answered on Jun 20, 2017

Usually the word is "serve". You would need to serve all parties to your case with notice of appeal and subsequently with the appellate documents. FYI, your making a mistake doing this without counsel. Appellate law is highly specialized and violations of the rules can have your entire... View More

1 Answer | Asked in Adoption, Family Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can a foster child leave foster care when they turn 18 by their choice?

My girlfriend is 17, in high school, and in a foster care home. (I'm 19 and graduated last year) She feels just as mentally abused in that home as she did with her real parents, and some of the other foster children are trying to sexually abuse her and she is terrified in that home. She... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Yes, but more importantly if she feels she is threatened with abuse now she needs to reach out to a counselor or other person in a similar position. She wouldn't lose all state assistance but really needs to talk to a social worker or similar.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My wife adopted my kids. My ex wife is saying she is going to court to get my son. Is she able to do that?

My ex wife did not show up to contest the adoption when it happened. That was 2 years ago. She texted me stating that she is going to court to get my son (not my daughter) from me. She also states he is not mine, but he looks too much like me and his sister for me to say otherwise. Also, as far... View More

David Axinn
David Axinn
answered on Jun 8, 2017

Probably not. To overturn the adoption, she would have to show prove three things: there was a major defect in the proceedings (for example, that she was not served with notice of the proceedings); that she would has a good reason for having waited two years to challenge the adoption; and that the... View More

1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Pennsylvania on
Q: My sister took our 4 month old puppy to a rescue, she didn't sign anything surrendering her can we legally get her back

My sister took our 4 month old puppy to a rescue. We thought we were doing the right thing because the puppy got aggressive with our mother and other puppy. We checked the rescue site and they made false information about how "she was kept in a cage, wasn't paid attention to, etc."... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

You can try. But the law is murky--she gave him and didn't ask for anything. You can also get a lawyer to tell the person to take down the listing.

2 Answers | Asked in Adoption for Pennsylvania on
Q: I need help figuring out if my parenting rights were terminated, and how my son was adopted without my notification

I did all my cys classes

Ryan L Hyde
Ryan L Hyde
answered on Feb 6, 2017

This is a forum for people who have legal questions. You don't State a question. The best course of action based on what your stated intention is, is to search out local Counsel. A local attorney is going to be the only person who can get you the information that you need. Call somebody in the... View More

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1 Answer | Asked in Adoption for Pennsylvania on
Q: I live in Pennsylvania and want to adopt back my adult son of 48 years old. He lives in Colorado.

He would like to sever filial ties with his adoptive parents. Must he be present at a Pennsylvania hearing?

Peter N. Munsing
Peter N. Munsing
answered on Jan 20, 2017

Generally, yes as he is incurring certain legal fallout--not necessarily bad--and a judge will want to know this is the way he wants to go.

1 Answer | Asked in Adoption, Family Law and Contracts for Pennsylvania on
Q: I am adopting my step daughter and we hired an attorney. We discussed the prices via email and agreed

on 2500 involuntary and 1500 voluntary, no prices were put in our contract but we hired the firm and our lawyer quit right after she filed the documents with the court. She passed us off to her partner and her partner is now saying even tho my daughters father voluntarily gave up his rights hes... View More

David Axinn
David Axinn
answered on Jan 20, 2017

If the attorney told you the lower price in an email, the firm should be bound by it. I'd discuss this further with the partner, providing him a copy of the email. If you can't work it out, you could contact your county's bar association - some counties will mediate fee disputes. You... View More

1 Answer | Asked in Family Law and Adoption for Pennsylvania on
Q: I am 23 & live in Florida. My mother's spouse lives in Pennsylvania. Can he legally adopt me? And what is the process?

My mother's spouse has known me my whole life and there is no contact with my biological father. My mother's spouse took me in like his own child and I would like for him to become my father legally.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 24, 2016

Yes, he can adopt you. The procedure, if he and you desire to file in Florida, is set out in statute. See Chapter 63 of the Florida Statutes:... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: Is it possible for me as an Australian over 30 to be adopted by a family in Pennsylvania who I consider parents to me?
Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

In the realm of possibility but if you mean for INS purposes you --and they--are on a bit of thin ice. Suggest you contact a member of AILA if it's immigration related.

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