This form is an official State of New York Family Court sample form, a detailed Petition - Permanent Neglect.
New York Petition (Permanent Neglect)
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State:
New York
Control #:
NY-TPR-1
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FAQ
Depending on whether you are in New York City or upstate in Rockland or Westchester Counties, ACS or CPS, the Administration for Child Services and Child Protective Services respectively, may file an Abuse and Neglect petition under Family Court Act Article 10 to protect a child under the age of 18 who the agency
A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he or she deserts such child in any place with intent to wholly abandon such child.Abandonment of a child is a class E felony.
New York Family Court Act Article 6: Custody Visitation and Guardianship.A parent, grandparent or a person with a significant relationship with a child can file a Custody/Visitation or Guardianship petition in Family Court.
The parties in most Family Court proceedings have the right to have a lawyer. You are free to hire a lawyer of your choosing. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you.
Termination of Parental Rights A termination of parental right happens when a city agency (like NYC Administration for Children's Services - ACS) or foster care agency files a petition in Family Court asking a Judge to end a parent's parental rights. The petition must give a ground (legal reason) for the termination.
In New York, the legally acceptable grounds for involuntary termination of parental rights are as follows: The parent has intentionally abandoned the child for six months or more.
Parents will have to file a petition with their local court requesting a hearing to determine parental rights. Once a petition is filed, parents need to attend a hearing before the judge who will determine whether rights will be granted/terminated.
Even a parent who is absent from their child's life still has some parental rights, unless such rights have been legally terminated.If they do not uphold these duties, then there may be grounds to terminate a person's parental rights and remove the child from their care.
There are five legal grounds to terminate parental rights: abandonment, permanent neglect, mental illness, mental retardation, and severe and repeated abuse.A parent can't bring a termination case against the other parent in a custody case. In a termination case, there will be a trial called a fact-finding hearing.