Santa Barbara — SC-4038

Source: https://www.santabarbara.courts.ca.gov/system/files/forms-and-filings/sc-4038.pdf

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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY

EMAIL ADDRESS (Optional) ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA

Santa Barbara–Anacapa Santa Maria-Cook Lompoc Division
1100 Anacapa Street 312-C East Cook Street 115 Civic Center Plaza

Santa Barbara, CA 93101 Santa Maria, CA 93454 Lompoc, CA 93436

MATTER OF:

CASE NUMBER:

CITATION REGARDING PETITION TO DECLARE CHILD FREE FROM PARENTAL CUSTODY AND CONTROL (Fam. Code, 7880, 7881)

TO ______________________________________________________ (parent of minor child) and to all persons

claiming to be the parent of the minor child whose name is __________________________________________.

You are hereby cited and required to appear at a hearing in this court on:

Date: Time: Dept:

Address of court: same as noted above other (specify): _______________________________________

And to give any legal reason why, according to the verified petition filed with this court, the court should not free the child from your parental custody and control.

The petition to declare the child free from the custody and control of a parent has been filed for the purpose of freeing the minor child for adoption.

You have the right to appear at the hearing and oppose the petition. You have the right to be represented by counsel. If you appear without counsel, and are unable to afford counsel, upon your request, the court shall appoint counsel to represent you unless you knowingly and intelligently waive that representation. The court may appoint counsel to represent the minor, whether or not the minor can afford counsel.

Private counsel appointed by the court shall be paid a reasonable sum for compensation and expenses, in an amount to be determined by the court and which amount shall be paid by the parties, other than the child, in proportions the court deems just. However, if a party is unable to afford counsel, the amount shall be paid out of the county’s general fund.

Optional Form CITATION REGARDING PETITION TO DECLARE CHILD Fam. Code §7800 et seq. SC-4038 [New July 2020] FREE FROM PARENTAL CUSTODY AND CONTROL Page 1 of 3

Matter of: Case Number:

The court may continue the proceeding for not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case.

Date: Angela Braun, Clerk by: , Deputy

(Seal)

Optional Form CITATION REGARDING PETITION TO DECLARE CHILD Fam. Code §7800 et seq. SC-4038 [New July 2020] FREE FROM PARENTAL CUSTODY AND CONTROL Page 2 of 3

Matter of: Case Number:

PROOF OF SERVICE

(Citation must be served on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the citation shall be served on the grandparents and adult brothers, sisters, uncles, aunts, and first cousins of the child, if there are any and if their residences and relationships to the child are known to the petitioner.)

1. At the time of service I was at least 18 years of age and not a party to this proceeding. I served copies of the Citation and Petition as follows:

2. a. Person cited (name):

   b. Person(s) served: (1) person in item 2a (2) other (specify name and title or relationship to the person named in item 2a)

3. I served the person(s) named in item 2

   a. By personally delivering the copies (1) on (date): (2) at (time): b. other (specify other manner of service, and the authorizing code section and order of the court):

4. a. Person serving (name, address, and telephone number):

5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and

   correct.

   SIGN

Date: (Signature of Person Serving)

Optional Form CITATION REGARDING PETITION TO DECLARE CHILD Fam. Code §7800 et seq. SC-4038 [New July 2020] FREE FROM PARENTAL CUSTODY AND CONTROL Page 3 of 3