§ 5612. Petition for approval of a designation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: August 16, 2004
Effective: August 16, 2004
23 Pa.C.S.A. § 5612
§ 5612. Petition for approval of a designation
(a) General rule.--A petition for court approval of a designation under this chapter may be made at any time by filing with the court a copy of the designation. If the triggering event has not occurred on or before the time of filing, only the designator may file the petition. If the triggering event has occurred on or before the time of filing, the standby guardian named in the designation may file the petition, and the petition shall also contain one of the following:
(2) If the petition alleges that a nondesignating parent cannot be located, that parent shall be notified in accordance with the notice provisions of the Pennsylvania Rules of Civil Procedure in Custody Matters. No notice is necessary to a parent whose parental rights have previously been terminated or relinquished.
(d) Presumptions.--In a proceeding for judicial appointment of a standby guardian, a designation shall constitute a rebuttable presumption that the designated standby guardian is capable of serving as coguardian or guardian. When the designator is the sole surviving parent, when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to the designation, there shall be a rebuttable presumption that entry of the approval order is in the best interest of the child. In any case, if the court finds entry of the approval order to be in the best interest of the child, the court shall enter an order approving the designation petition.
Credits
1998, Nov. 24, P.L. 811, No. 103, § 1, effective in 60 days. Amended 2004, June 15, P.L. 236, No. 39, § 4, effective in 60 days [Aug. 16, 2004].
23 Pa.C.S.A. § 5612, PA ST 23 Pa.C.S.A. § 5612
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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