Kern — KRN SUP CRT FL-2325

Kern — KRN SUP CRT FL-2325¶

Source: https://www.kern.courts.ca.gov/system/files/general/kcsc-petition-freedom-parental-custody-and-control-krn-sup-crt-fl-2325-rev-011023.pdf

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KRN SUP CRT FL-2325 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): BAR NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

IN THE MATTER OF THE PETITION OF:

TO DECLARE:

A MINOR(S) FOR FREEDOM FROM THE PARENTAL CUSTODY AND CONTROL OF:

CASE NUMBER:
PETITION FOR FREEDOM
FROM PARENTAL CUSTODY AND CONTROL HEARING TIME: DIVISION:
DATE:

Petitioner Name(s): a. b.

Street Address:

City: State: Zip Code:

Telephone Number: Email Address:
Relationship to Child(ren) Named Below:
The petitioner(s) respectfully represent(s) and allege(s)that the child(ren) listed below is/are a person(s) under the age of 18 and that said person(s) is/are within the County of Kern:

Name Date of Birth City/State of Birth

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Matter of: Case No.

4. Petitioner(s) request(s) an order declaring the child free from the custody and control of:
(Names and addresses of child’s birth parent(s)):
a. Parent: Address:

b. Parent: Address:

Complete Attachment 1 and include information
about child(ren)'s current guardian and address
5. I filed this request in this county because (Check all that apply):

the child resides here.
an Adoption Request has been filed here

6. I request the order for the following reason(s): (check all that apply):

a. Family Code section 7822 – Abandonment (check at least one box below)

The child has been left without provision for the child’s identification by the child’s parent(s).

The child has been left by the parent(s) named above in the care and custody of a non-parent for
a period of six months:

without any provision for the child’s support, or
without communication from the parent(s), with the intent on the part of the parent(s) to
abandon the child.

The parent named above has left the child in the care and custody of the other parent for a
period of one year:

without any provision for the child’s support, or
without communication from the parent, with the intent on the part of the parent to
abandon the child.
–and –

Abandonment commenced (date)
and continued through (date).

(Use Attachment 2 to tell the court about the nature of the communication between the child and
abandoning parent and whether any child support has been paid.)

b. Family Code section 7823/7824 - The child has been a dependent of the juvenile court, AND

Approved for Optional Use PETITION FOR FREEDOM FROM PARENTAL CUSTODY AND CONTROL Superior Court of California, Form KRN SUP CRT FL-2325 Page 2 County of Kern (Revised 1/10/2023)

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Case Name: Case No.

the parent(s) have been deprived of the child’s custody for one year before the filing of this petition AND

(Check at least one):

The child has been neglected or cruelly treated by the parent(s) named above. The parent(s) named above suffer a disability because of the habitual use of alcohol or drugs.

Juvenile Court Case Number:

c. Family Code section 7825 - The parent(s) named above are convicted of a felony, the facts of which are of such a nature so as to prove the unfitness of the parent(s) to have the future custody and control of the child.

(Use Attachment 3 to specify the felony and facts connecting the felony to parental unfitness.)

d. Family Code section 7826 - The parent(s) named above have been declared by a court of competent jurisdiction to be developmentally disabled or mentally ill and have been certified to be incapable of supporting or controlling the child in a proper manner.

A copy of the court order is attached as Attachment 4 (required).

e. Family Code section 7827 – The parent(s) named above is/are mentally disabled and is/are likely to remain so in the foreseeable future.

The evidence of two qualified experts (as defined by Fam. Code, § 7827, subd. (c)) is attached at Attachment 5 (required).

f. Probate Code section 1516.5. – A guardian has been appointed for the child(ren), and one or

both parents do not have legal custody of the child(ren); the child(ren) has/have been in the physical custody of the guardian for a period of not less than two years; and the child(ren) would benefit from being adopted by their guardian.

County in which the guardian was appointed:

Case Number of guardianship proceeding:

(Attach the Letters of Guardianship as Attachment 6.)

g. Additional facts in support of allegations (give additional facts in detail, added pages may be used for this purpose):

Approved for Optional Use PETITION FOR FREEDOM FROM PARENTAL CUSTODY AND CONTROL Superior Court of California, Form KRN SUP CRT FL-2325 County of Kern Page 3 (Revised 1/10/2023)

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Case Name: Case No.

7. Child may have Indian ancestry: Yes No

a. Whether you answered “Yes” or “No,” you must fill out and attach as Attachment 7 Indian Child
Inquiry Attachment (Judicial Council Form ICWA-010(A)) and Parental Notification of Indian Status
(Judicial Council form ICWA-020) or other proof that ICWA inquiry has been completed in
accordance with California Rules of Court, rule 5.481(a).

b. If you answered “Yes,” you must also fill out and attach as Attachment 8 Adoption of Indian Child
(Judicial Council form ADOPT-220) if, after notice, it is determined that ICWA does apply to the
child.

8. It is in the best interests that the child be declared free from the custody and control of the
parent(s) named in paragraph 4.

9. Wherefore, petitioner(s) request(s) that this court inquire into such matter, and that said
child(ren) be declared free from the custody and control of the parent(s) named in section 2 above
as provided in Family Code sections 7800 et seq, and for such other and further relief as the court
may deem proper.

10. If a lawyer is representing you in this case, he or she must sign here:

(TYPE OR PRINT NAME OF ATTORNEY)

(SIGNATURE OF ATTORNEY)

Date:

12. I declare under penalty of perjury under the laws of the State of California that the information on
this form and all the attachments is true and correct to my knowledge. That means that if I lie on
this form, I am guilty of a crime.

Signature of Petitioner: Date:

Approved for Optional Use PETITION FOR FREEDOM FROM PARENTAL CUSTODY AND CONTROL Superior Court of California, Form KRN SUP CRT FL-2325 Page 4 County of Kern (Revised 1/10/2023)

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Case Name: Case No.

Attachment 1

Tell the court about the nature and extent of the relationship between (1) the child and the birth parent; (2) the child and the guardian, including family members of the guardian; (3) the child and any siblings or half-siblings; and address and current llving arrangements.