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Pennsylvania Praecipe for Parental Rights Termination Hearing

State:
Pennsylvania
Control #:
PA-SKU-0877
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PDF
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Praecipe for Parental Rights Termination Hearing
The Pennsylvania Precise for Parental Rights Termination Hearing is a legal document used to initiate a court action in Pennsylvania to terminate a parent's rights. This document must be filed with the court and is used to request a hearing to terminate the parent's rights. The Precise is prepared by the petitioner (the party seeking to terminate parental rights) and should include the name and address of the petitioner, the name and address of the proposed respondent (the parent whose rights may be terminated), the name and address of the child or children, the date and place of the hearing, and the type of relief requested (i.e., termination of parental rights). There are two types of Pennsylvania Precise for Parental Rights Termination Hearing: the Voluntary Precise, which is used when the parent voluntarily agrees to terminate their parental rights; and the Involuntary Precise, which is used when the parent does not consent to the termination of their parental rights and a court hearing is necessary.

The Pennsylvania Precise for Parental Rights Termination Hearing is a legal document used to initiate a court action in Pennsylvania to terminate a parent's rights. This document must be filed with the court and is used to request a hearing to terminate the parent's rights. The Precise is prepared by the petitioner (the party seeking to terminate parental rights) and should include the name and address of the petitioner, the name and address of the proposed respondent (the parent whose rights may be terminated), the name and address of the child or children, the date and place of the hearing, and the type of relief requested (i.e., termination of parental rights). There are two types of Pennsylvania Precise for Parental Rights Termination Hearing: the Voluntary Precise, which is used when the parent voluntarily agrees to terminate their parental rights; and the Involuntary Precise, which is used when the parent does not consent to the termination of their parental rights and a court hearing is necessary.

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FAQ

There is no minimum age which prompts a Pennsylvania judge to say that a child's wishes will or won't be considered. Rather, PA custody law clearly specifies that a child's custodial preference must be well-reasoned and based on maturity and judgment.

Even if you voluntarily signed over your parental rights so your child could be adopted, there is no provision for restoring parental rights or reversing an adoption decree unless fraud, duress, or coercion occurred.

Biological parents can also petition the court to voluntarily relinquish their parental rights either to an adoption agency or the adult(s) intending to adopt the child. The biological parents must attend a voluntary relinquishment hearing, which will generally be held 35-40 days after the consent form has been filed.

It is important to understand that a voluntary termination of parental rights would also terminate any support obligation on the part of the terminating parent. Parental rights can generally only be dissolved as part of a pending adoption case because there is a strong public policy not to leave a child parentless.

Involuntary Termination of Parental Rights The grounds for involuntary termination are: The parent shows a "sense of purpose" in relinquishing their parental rights, or has refused or failed to perform their duties for at least six months.

Involuntary Termination The parent refuses or fails to perform parental duties for a period of at least six months, The parent is acting with incapacity, abuse, neglect, or refusal to take care of the child, and, as a result, the child is without essential care necessary for physical and mental well-being,

What makes a parent unfit in PA? Any records proving mental or physical condition that makes the parent incapable of providing care for their child as well as criminal charges and drug use count as strong evidence to show that the parent is not fit to be awarded the custody.

More info

Complete all appropriate blanks and sign before filing with the Clerk of the Orphans' Court. ACTION REQUESTED: Uncontested Termination Hearing.If the rights of both parents are terminated, the State assumes legal custody of the child along with the responsibility for finalizing a permanent placement. The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. FormTitleRevisedJU 04. The termination of parental rights, or permanent wardship hearing, is divided into two phases. (See Adoption Hearing Colloquy, Section 9). Complete a written order. FormTitleRevisedJU 04. If the address of the terminating parent(s) is not known, notice must be published in a newspaper.

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Pennsylvania Praecipe for Parental Rights Termination Hearing