The most common forms of custody are sole custody, which gives one parent authority to make all decisions, and joint custody, which often refers to parental sharing of major decisions concerning child rearing. Legal custody refers to the authority of one or both parents to make decisions as to the child’s health, education, welfare and other interests. Physical custody describes the physical residence of the child. For example, one parent may have sole physical custody while the parents have joint legal custody. Regardless of the custody label, parents have great latitude to determine a custody arrangement by entering into a written custody
WHO FILES A PETITION TO TERMINATE A PARENT’S RIGHTS?
ACS or the foster care agency may in some circumstances file a petition asking the court to terminate (end) a parent’s legal rights to a child so that the child may be adopted.
WHAT ARE A PARENT’S LEGAL RIGHTS?
The rights that the child protective agency seeks to terminate include the parent’s right to custody, to raise the child, to make religious, educational, or medical decisions for the child, to visit with the child, to speak with the child, to contact the child, and to learn about the child.
WHO MUST BE NOTIFIED ABOUT THE PETITION?
The mother must be served with the petition and a summons. If the child’s parents are or were married, then the agency must also serve the father.
WHAT IS AN ORDER OF CUSTODY?
An order of custody gives responsibility for the child’s care, control, and maintenance to one or both of the child’s parents or to another party. The court may not decide issues of custody and visitation if the child is 18 years or older.
WHO MAY FILE A PETITION FOR AN ORDER OF CUSTODY?
A person who has an interest in a child’s well-being and has some connection or relationship with the child may file a petition in the Family Court requesting that the court place the child in his or her custody. The petition should be filed in the county in which the child resides, so long as the child as been residing in the state for the past six (6) months. A copy of the petition and a summons must be delivered personally to (served on) the person or parties who have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served on the other parent. If a non-parent is seeking custody of the child, then both the child’s parents must be served.