Denise M. Bierly’s Answers

Denise M. Bierly

State College Adoption Lawyer.

Contributor Level 7
  1. I was awarded temp guardianship of my nephew until the next hearing in August. Does that prevent the Mother from taking him?

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    First let me say you are to be commended for providing a loving safe and secure home for your nephew. I am an adoption and guardianship attorney in Pennsylvania. I am not licensed to practice in California or any state other than Pennsylvania. Guardianship laws vary tremendously from state to state. As a general rule, a Guardianship Order puts you in the place of your nephew's birthparents when it comes to making health care and education decisions for him. An continuation of the...

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  2. If I cannot contact the biological parent will I need consent from him for my husband to adopt my son?

    Answered over 2 years ago.

    1. Denise M. Bierly
    2. Christopher Barrett Fay
    2 lawyer answers

    I am an adoption attorney licensed in the Commonwealth of Pennsylvania. You are referring to a step-parent adoption, which is the most common type of adoption. The first step in any adoption is the termination of parental rights. That can happen in two ways. First, you may find your son's father will cooperate and voluntarily sign a PA Consent to Adoption. In the alternative, your attorney may need to INVOLUNTARILY terminate his parental rights. The fact pattern you described might...

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  3. Can my husband get legal guardianship of my son being his father passed away?

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Robert Louis Feliciani III
    2 lawyer answers

    I am an adoption and guardianship attorney licensed in Pennsylvania. Have you checked with your husband's current employer regarding whether you son will be eligible for health insurance benefits based on a guardianship decree? If so, you should work with an attorney who specializes in adoptions and guardianships. The best resource for you is the website: adoptionattorneys.org. Click on the graphic of Pennsylvania on the U.S. map. You will find a list of Fellows in the American...

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  4. I am a single mother just diagnosed with cancer. I am looking to give guardianship of my minor son to his god mother

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Steven Drew Baker
    3. Christopher Daniel Leroi
    3 lawyer answers

    I am an adoption and guardianship attorney practicing in the Commonwealth of Pennsylvania. I am not licensed to practice in Arizona or any state other than Pennsylvania. First, let me express how sorry I am about your diagnosis. It must be terrifying for you--especially as a single mother. I wish you godspeed in your full recovery. In Pennsylvania, we would file an Emergency Petition for Guardianship asking for his Godmother to be appointed IMMEDIATELY and then a full hearing would be...

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  5. Can my new wife adopt my son if his real mom hasn't been in the pic for yrs

    Answered over 2 years ago.

    1. Denise M. Bierly
    2. Charles F Basil
    2 lawyer answers

    Although I am not licensed to practice law in Ohio, it does sound like you have adequate grounds to terminate the parental rights of his biological mother. Terminating her rights will be the first step towards a final decree in a step-parent adoption. To find an credentialed adoption attorney in the State of Ohio, go to the adoptionattorneys.org website and clink on the State of Ohio where the member map pops up. Good luck to you and your family.

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  6. Can I obtain my actual birth certificate...I'm adopted?

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Joyce J. Sweinberg
    2 lawyer answers

    I am an adoption attorney licensed to practice in the Commonwealth of Pennsylvania. Adoption laws vary tremendously from state to state, so if you were born in a state other than Pennsylvania, you will need to consult with and adoption attorney in that state. If you were born in Pennsylvania, two birth certificates were issued from Pennsylvania Vital Records, but the original is under seal. Only children born after April 24, 2011 will have access to information on their original birth...

    1 lawyer agreed with this answer

  7. Termination of Parental Rights in PA

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Jacob Ryan Lauser
    3. Kim L Lengert
    3 lawyer answers

    I am an adoption lawyer in the Commonwealth of Pennsylvania. You are referring to a process called a second-parent adoption. These are permitted in Pennsylvania, although Judges in different counties tend to have variations in requirements. Some Judges will require you to have a homestudy prior to approving a second-parent adoption. Most Courts will require the adoptive parent to be the domestic partner of the biological parent with custody. Adoptions are processed in a Division in each...

    1 lawyer agreed with this answer

  8. My friend lives in PA. Her 1 year old nephew has been in foster care for many months in FL and she wants to adopt him.

    Answered about 2 years ago.

    1. Denise M. Bierly
    2. Charles Thomas Jr.
    2 lawyer answers

    I am an adoption lawyer in Pennsylvania. I am not licensed to practice in Florida, or in any state other than the Commonwealth of Pennsylvania. You are describing a situation when the State of Florida has legal custody of this child. Your friend's first step should be to contact the child's caseworker in Florida. Often there are state and federal law preferences to place a child in the care of relatives. This is known as "kinship" adoption. The good news is typically when a family...

    1 lawyer agreed with this answer

  9. Would it be illegal to move a 15 year old thats not mine to a different state with me

    Answered over 2 years ago.

    1. Forest Dean Morgan
    2. Denise M. Bierly
    2 lawyer answers

    I am an adoption and guardianship attorney licensed in the Commonwealth of Pennsylvania. What you are describing is risky for you. The safest legal strategy for you to pursue is to file a Guardianship Petition with the Orphans Court of the County where you reside. This process tends to be one legal document and a court appearance, and can often be handled by an attorney for a reasonable fee. This young man is considered a minor until he turns age 18. I wish you good fortune in your...

    1 lawyer agreed with this answer

  10. Husband having contact with his biological son after he gave up his parental rights, is this illegal?

    Answered over 2 years ago.

    1. Denise M. Bierly
    1 lawyer answer

    I am an adoption attorney licensed to practice in the Commonwealth of Pennsylvania. When your husband cooperated in the adoption of his sons by their stepfather, he agree that that legal relationship between himself and the children would be completely severed. The first step in any child adoption is the termination of parental rights. As is clear from your posting, the emotional ties between a birthfamily and child sometimes can't be ended by the signing of a court Decree. The hard fact...

    1 lawyer agreed with this answer