Petition to Restore Parental Rights

Petition to Restore Parental Rights

Court Name:   County:   State:

Case Number:   Judge or Department:

Petitioner Name: , Address:

Respondent Name: , Address:

RECITALS

WHEREAS, Petitioner is the biological/legal parent of the minor child named below and seeks restoration of parental rights terminated or relinquished in prior proceedings; and

WHEREAS, the minor child subject to this Petition is: Name: , Date of Birth: , Place of Birth: .

WHEREAS, Petitioner previously had parental rights terminated or relinquished by order dated in Case Number for the following primary reason(s): .

NOW, THEREFORE

Petitioner hereby petitions the Court to restore parental rights pursuant to applicable law and respectfully alleges the following facts, legal grounds, and requests for relief.

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over the subject matter and the persons involved because the minor child resides in this county and the original termination proceedings were adjudicated by this Court. Petitioner asserts that venue is proper in this forum under controlling statutes and rules governing petitions to restore parental rights.

2. BACKGROUND FACTS

2.1 At the time of termination or relinquishment, the material facts supporting that action were:

2.2 Since that time, Petitioner has undertaken substantial and sustained changes, specifically:

3. GROUNDS FOR RELIEF

3.1 Petitioner asserts the following statutory and equitable grounds for restoration: (a) material change in circumstances since termination sufficient to warrant restoration; (b) demonstration of parental fitness and capacity to provide for the child's safety, welfare, and emotional needs; (c) the restoration is in the best interests of the child. Detailed factual support is set forth in the attached declaration and supporting documents.

4. BEST INTERESTS OF THE CHILD

4.1 Restoration of parental rights will serve the best interests of the child for the following reasons:

5. NOTICE AND SERVICE

5.1 Petitioner will provide notice of this Petition as required by law to all parties entitled to notice. The parties to be served include:

6. ATTACHMENTS AND EVIDENCE

Petitioner submits the following documents in support of this Petition (check applicable):

Birth certificate of the child
Copy of prior termination/relinquishment order
Declaration(s) of Petitioner and witnesses
Proof of completion of case plan, counseling, or treatment
Other:

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an order:

1. Restoring parental rights to Petitioner as to the minor child named in this Petition;
2. Granting such orders as to custody, visitation, support, and parental responsibilities as the Court deems proper and in the best interests of the child;
3. Permitting reasonable reunification services or supervision as the Court finds appropriate;
4. Awarding Petitioner costs of filing and reasonable attorney fees, if applicable; and
5. Granting such other and further relief as the Court deems just and proper.

8. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State that the facts set forth in this Petition are true and correct to the best of my knowledge and belief.

9. NOTICES

All notices and communications regarding this Petition should be sent to Petitioner or Petitioner’s attorney at the contact information below.

10. GOVERNING LAW; MISCELLANEOUS PROVISIONS

10.1 Governing Law. This Petition and any order entered hereunder shall be governed by and construed in accordance with the laws of the State where the Court sits.

10.2 Entire Agreement. This Petition, together with attachments and declarations filed in support, constitutes the complete statement of Petitioner’s request for relief by restoration of parental rights and supersedes any prior informal communications on the subject.

10.3 Severability. If any provision of this Petition is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions.

10.4 Amendments and Waiver. Petitioner may seek leave to amend this Petition to add factual detail or legal claims. No waiver of any right is effective unless made in writing and signed by the party granting the waiver.

DECLARATION IN SUPPORT

Petitioner submits the following sworn declaration(s) in support of this Petition and incorporates them by reference herein:

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