(Fill in your name/address & phone # below)
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In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MENDOCINO
In the Matter of the Petition of:______,
On Behalf of:
______,
Minor(s), for Freedom From Parental Custody and Control. / )
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PETITION TO DECLARE MINOR FREE FROM PARENTAL CUSTODY AND CONTROL
[Family Code § 7820, et seq.]
Petitioner alleges:
1. Petitioner, ______(your name) is the mother of the minor(s), ______(full name of child(ren)) subject to this petition, and has sole legal and physical custody of said minor(s). Petitioner and the minor(s) reside in Mendocino County, California.
2. The whereabouts of ______(full name of the natural father), the natural father of the minor(s), are ______.
3. One or both of the following are true(check all that apply):
□The natural fatherof the minor(s) left said minor(s) in the custody and control of Petitioner, the mother of the minor(s), with the intent to abandon said minor(s). The natural father of the minor(s) has not communicated with the minor(s), or made any provisions for the support of the minor(s), or has made only token efforts to communicate and/or support the minor(s) for a period of over one year.
□The natural father of minor(s) has been convicted of a felony, the facts of which are of such a nature that the natural father of minor(s) would be deemed unfit to have any future custody and control of minor(s).
Wherefore, Petitioner prays for judgment declaring that the minor(s) be free from the custody and control of ______(full name of natural father).
Dated: ______
► ______
Petitioner’s Signature
VERIFICATION
The statements in the above Petition are true of my own knowledge, except as to the matters that are therein stated on my information and belief, and as to those matters I believe them to be true.
Executed on ______, 20___, at ______, California.
I declare under penalty of perjury that the foregoing is true and correct.
► ______
Petitioner’s Signature
(Fill in your name/address & phone # below)
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______
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______
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MENDOCINO
In the Matter of the Petition of:______,
On Behalf of:
______,
Minor(s), for Freedom From Parental Custody and Control. / )
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DECLARATION IN SUPPORT OF PETITION TO DECLARE MINOR FREE FROM PARENTAL CUSTODY AND CONTROL
I, ______(your name),am the biological mother of ______(full name of child(ren)) and I hereby declare as follows:
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______
______
I declare under penalty of perjury under the laws of Californiathat the foregoing is true and correct.
Executed on ______, 20___, at ______, California.
►______
Signature
(Fill in your name/address & phone # below)
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______
______
______
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MENDOCINO
In the Matter of the Petition of:______,
On Behalf of:
______,
Minor(s), for Freedom From Parental Custody and Control. / )
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CITATION TO APPEAR
The People of the State of California
To ______(full name of natural father):
By order of this court you are hereby cited to appear before the judge presiding in Department ______of this court on ______at ______, then and there to show cause, if any you have, why minor(s) should not be declared free from your parental control according to the petition on file herein.
The address of the above court is 100 N. State St., Ukiah, CA95482.
The following information concerns rights and procedures that relate to this proceeding for the termination of custody and control of ______(full name of child(ren)) as set forth in Section 7820, et seq. of the Family Code.
(1) At the beginning of the proceeding the court will consider whether or not the interests of ______(full name of child(ren)) require the appointment of counsel. If the court finds that the interest of ______(full name of child(ren)) do require such protection, the court will appoint counsel to represent them, whether or not they are able to afford counsel. ______will not be present in court unless they so requests or the court so orders.
(2) If a parent whose termination of parental rights is being sought appears without counsel and is unable to afford counsel, the court must appoint counsel for the parent, unless the parent knowingly and intelligently waives the right to be represented by counsel, pursuant to Family Code § 7860. The court will not appoint the same counsel to represent both ______(full name of child(ren)) and their parent.
(3) The court may appoint either the public defender or private counsel. If private counsel is appointed, he or she will receive a reasonable sum for compensation and expenses, the amount of which will be determined by the court. That amount must be paid by the real parties in interest, but not by the minor(s), in such proportions as the court believes to be just. If, however, the court finds that any of the real parties in interest cannot afford counsel, the amount will be paid by the county.
(4) The court may continue the proceeding for not more than 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case.
Dated:______, Clerk
By:______
Deputy Clerk
(Fill in your name/address & phone # below)
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______
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MENDOCINO
In the Matter of the Petition of:______,
On Behalf of:
______,
Minor(s), for Freedom From Parental Custody and Control. / )
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PROOF OF PERSONAL SERVICE
I am over the age of 18 and not a party to this action. My address is: ______
On ______, I personally served the following document(s):
PETITION TO DECLARE MINOR FREE FROM PARENTAL CUSTODY AND CONTROL;
DECLARATION IN SUPPORT OF PETITION; CITATION TO APPEAR
on the following individual:______at the following address:______
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Name: ______Signature: ______
(Fill in your name/address & phone # below)
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______
______
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MENDOCINO
In the Matter of the Petition of:______,
On Behalf of:
______,
Minor(s), for Freedom From Parental Custody and Control. / )
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ORDER DECLARING MINOR FREE FROM PARENTAL CUSTODY AND CONTROL
[Family Code § 7820, et seq.]
The petition of ______(your name) for the order of this court declaring ______(full name of child(ren)), a minor, free from the parental control of ______(full name of natural father), came on regularly for hearing on ______(date of hearing). Having examined the Petitioner and other witnesses, and other evidence both oral and documentary having been introduced, and good cause appearing therefore, this court finds:
1. All of the representations in the petition are true.
2. Notice of the hearing on the petition was given by citation to ______(full name of natural father) as prescribed by law.
3. A written report of investigation of the circumstances of the minor child has been completed and filed with the court as required by Family Code Section 7851, in which a recommendation to declare ______(full name of child(ren)) free from the custody and control of ______(full name of natural father) was made.
4. There is clear and convincing evidence that ______(full name of child(ren)) should be declared free from the parental control of ______(full name of natural father), pursuant to Family Code Section 7820, et seq..
5. It is in the best interest of the child that they be declared free from the custody and control of their natural parent, ______(full name of natural father).
It is hereby ordered that the minor child, ______(child’s name) is freed from the parental custody and control of ______(full name of natural father).
Dated: ______
Judge of the Superior Court