Franklin Legal Issues Blog

Parents who are approaching child custody concerns should be familiar with the best interests of the child standard and what that means for them and their child. The family law process provides resources to help guide parents through the child custody process and develop a child custody arrangement that is based on the best interests of the child.

Child custody arrangements should always support the best interests of the child which in a broad sense means that the child custody arrangement fosters the child's happiness, security, mental health and emotional development throughout childhood. Using the best interests of the child standard, which the family law court uses if it is making child custody determinations and parents developing a child custody agreement will also need to follow, helps maintain a focus on ensuring whatever child custody arrangement is developed ensures the child's overall well-being.

Stepparent adoption can be an important step for many families, parents, stepparents and children so it is helpful to understand how the stepparent adoption process works. Family law resources can help parents and stepparents navigate the adoption process based on their needs and goals for the process.

There may be fewer steps involved in the adoption process for stepparents but there are still certain requirements, including obtaining the consent of the birth parent, which is why it is useful for parents and stepparents considering the stepparent adoption process to know what the legal requirements are so they can ensure they are met. Consent is not required from the birth parent if the parental rights of that parent have been terminated which could be based on abandonment of the child or not being the biological parent of the child.

An effective estate plan provides protection for the estate planner and the estate planner's loved ones, family and friends. Because of this, estate planners should know what documents to include in their estate plan.

There are several different types of documents that should be included in an effective overall estate plan. Different estate planning tools can be tailored, however, to the unique needs of the estate planner and their estate and to match the wishes of the estate planner. A thorough estate plan can provide peace of mind to the estate planner that their wishes will be fulfilled and their estate will be distributed how they want it to be distributed. This can also provide peace of mind that the estate planner's loved ones, family members and friends will be cared for.

Preserving one's legacy and ensuring their assets are distributed in the manner they want are often the driving force for Pennsylvania residents to draft wills. Having completed the task, they most likely don't give it another thought, and very likely do not utilize other estate planning tools. What many fail to realize is that their will might get tangled in probate for a long time, tying up the estate and resulting in legal fees. It is possible, however, to protect loved ones from probate, if proper estate planning is carried out.

One of the most comprehensive ways to avoid probate is by setting up a living trust. A living trust has three parties-the person setting up the trust, known as the grantor, the person who manages the trust, known as the trustee, and the person for whom the trust is established, known as the beneficiary. To avoid probate, all three parties would have to be the same person. Therefore, as grantor, one would set up the trust and transfer all assets into it; as a trustee, they would handle the property; and as a beneficiary, they could continue to use the property.