Judiciary and Judicial Administration: Contents of petition1. The petition for termination of parental rights shall include, to the best information or belief of the petitioner: Parental RightsThe legal concept of parental rights generally refers to a parent’s right to make decisions regarding a child’s education, health care, and religion, among other things. If parents are separated or divorce, these rights can extend to custody and visitation. While these rights can be automatic in certain family structures, such as with married parents at the birth of the child, it may be necessary for a parent to petition a court for the rights, as in cases of disputed paternity. Parental rights can also be terminated, either explicitly or implicitly. A father who never claims paternity, or against whom paternity is never established, has no parental rights. A father can also voluntarily relinquish parental rights. A court can also terminate rights for either parent, against his or her wishes, in cases of abuse, neglect, and abandonment, or if a parent has a long-term mental illness, alcohol or drug impairment, or incarceration period. Parental LiabilityParents can also be legally responsible for their children’s behavior. State laws can vary, but from the time a child is around 8 years old and until he or she reaches the age of majority (18 in most states), parents could be subject to civil lawsuits or even criminal sanctions for the negligent or criminal acts of a child. In civil cases, if a child’s negligence causes an injury to another; his or her parents may be ordered to pay damages or restitution. In the criminal sense, parents could be punished for their children’s delinquency or absence from school, gun crimes, or Internet crimes. Like parental responsibility, parental liability can also be terminated. Normally, this occurs automatically when a child reaches the age of majority and is considered an adult in the eyes of the law. However, if a parent’s legal rights are terminated for any reason, their legal liability is normally terminated as well. There are two aspects to custody over a minor child: legal custody and physical custody. Legal custody is the legal authority to make decisions for the child such as where they will attend school, what religion they will be raised in, and when to obtain medical care. Physical custody is who the child lives with. There are two aspects to custody over a minor child: legal custody and physical custody. Legal custody is the legal authority to make decisions for the child such as where they will attend school, what religion they will be raised in, and when to obtain medical care. Physical custody is who the child lives with. If parents are getting divorced, a court will have to make orders allocating the parental rights and responsibilities. If the parents are not married, they may ask a court to make the same kinds of orders about their children as a court would make if they were getting divorced. Requirements When Filing for Joint Child CustodyWhenever you file for any type of joint custody (joint legal or joint physical custody) you must file a parenting plan. Failure to file a parenting plan can potentially be devastating. This is so because many custody battles end up in a temporary orders hearing where the court will implement a temporary parent-time schedule. If you are asking for joint physical custody, and the other parent has the children a majority of the time, and you have not filed a parenting plan, the court cannot technically award you joint physical custody. This would mean the court would award the other parent with primary physical custody, you would have less time with your children, your child support amount would be higher, and your case for permanent joint custody could be weakened. Getting deserved custody and parent-time with your children as fast as possible is paramount for any concerned parent. Because of this, you must be sure that you start your case out on the right foot. Making even basic errors can cause serious delay in getting the court to intervene and give you court orders protecting your custodial rights. There are benefits and downsides to filing pro se. For parents who want to file for child custody but who cannot afford a lawyer, filing pro se is a viable alternative. In addition, when you file without a lawyer, you learn a lot about the legal system, which can equip you to be your own best advocate. Still, seeking child custody is a stressful process, and navigating the legal system can require a steep learning curve. Not everyone has the time and emotional bandwidth required for representing themselves in court. If you decide to file pro se, here are some things to keep in mind. Before You FileFiling for child custody pro se requires research and planning. Parents who head into court solo should be prepared to pay close attention to detail, maintain meticulous paperwork, and understand the laws related to their case. Consider your bandwidth as you evaluate whether going through this process without the assistance of a lawyer is right for you. Consider Your OptionsBefore you go to court, think about how confident you feel about representing yourself. If you feel apprehensive, consider contacting a legal aid organization near you. Legal aid organizations offer free legal advice and representation to low-income individuals. They can be a great resource and may be able to give you further direction before going to court. If you decide to go ahead with representing yourself, give careful thought to all of your child custody options. While sole physical custody may feel like the best option to you because you don’t want to live apart from your kids or your ex is difficult to work with, remember that the court will consider the best interests of the child when ruling on custody arrangements. Try to think about your case from the perspective of the court and consider which custody options they might favor as being in your children’s best interests. Terminational Of Parental Rights ResearchLaws vary by state, so be sure to research child custody laws that will apply to you based on where you will be filing. The U.S. Department of Health of Human Services provides best interest standards by state. In addition to understanding best interest standards, make sure you have a solid understanding of the details, legal hoops, and fine print that could impact your case. Some things that could influence a child custody decision include: File a Petition for CustodyOnce you’ve considered your options and familiarized yourself with the laws in your state, it’s time to file a petition for custody. Again, laws and processes vary from state to state, but filing a petition is pretty similar in most states. Begin by contacting the family court clerk to obtain the proper paperwork. Typically, the court with which you must file will be located in the county where your child has lived for the past six months. Be sure to inform the clerk that you are filing pro se so that you access the correct forms. Sometimes forms can be accessed online or printed from home. In other cases, you may need to go down to the courthouse to obtain the paperwork in person. Legal aid offices may also have the forms you need. Serve the Other PartyAfter you have filed your paperwork, you’ll need to notify the other parent by serving them the court papers. Be sure to read your state’s court rules for child custody cases to find out what the exact rules of service are. Typically, papers must be served in person. Often, they may be served by a legal adult not related to the case. The rules accompanying your paperwork will state the timeframe in which service must occur. If you are unsure, ask the court clerk for assistance. Once you have served the other party, you must let the court know. This official notice is called proof of service. Proof of service forms can be obtained from the court. They detail how, when, where, and to whom papers were served. Keep Good RecordsMaintain clear, detailed child custody documentation. Keep a record of visits, phone calls, emails, and any other forms of contact between you and your children’s other parent and between your children and the other parent. As best as you can, stick to the facts and keep the language neutral. Attend Mediation and/or HearingBefore mediation or a hearing is scheduled, the court must wait for a response to your motion from the other party. Courts typically offer three to four weeks for the other parent to respond. If the other party does not respond, the court will usually offer a default judgment, meaning that they will rule in favor of the custody arrangement you have laid out in your petition. Once a response from the other party is received, the court will schedule a mediation or a hearing. Mediation In Family Law CasesYour state may require mediation before jumping straight to a hearing. Unless there is domestic violence or other abuse, mediation can be faster, less expensive, more cooperative, and eliminate the need for a court battle. Whether you attend mediation or a hearing (or both), be sure to pay close attention to all of the deadlines and dates related to your case. Many of the papers you will need to file will require follow up activities within a given time period. Keep all of your papers and materials organized so that you do not miss a single deadline. A Hearing In Your Family Law CaseOn your court date, arrive on time. In court, be polite and respectful at all times. Proper court etiquette includes addressing the judge as “Your Honor.” Never interrupt the judge, and if you are uncertain if you may talk, ask the judge if you may speak. Don’t allow the judge to see your anger and frustration. Instead, focus on being pleasant and attentive and presenting the facts of your case. When the hearing has finished, the judge will issue a decision on your case. A decision is often rendered immediately. They will also issue a written order. Make sure you obtain a copy of the written order and follow the order. Utah Code 78A-6-505 LawyerWhen you need an attorney to help you with Utah Code 78A-6-505, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!
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