Legal Questions? / Legal Answers!
Lets Be Right Up Front About The Cost.
"Remember you can file for a waiver
of fees if you cannot afford to pay the filing
fees. Keep in mind that the Judge may or
may not accept your request. Once the Parental Rights and Responsibilities
Order has been signed by a Judge, it cannot
be changed without a court order." NOTE:
Please keep in mind prices could increase.
1. Paperwork Packet: - $5.00
2. Copies: - $3.00
3. Filing Fee: - $120.00
4. Serving paperwork: - -$5.00
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Total: $ 133.00
5. Mediation fee: - $80.00 each. - If Needed.
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Approx. Total Cost: $213.00
Now, just so we are clear. For approx: $213.00
you will get a mediation date to discuss
your Parental Rights and Responsibilities.
To receive regular visitation, to gain access
to your child's medical records and School
Records, and to be told where and when the
other parent wishes to relocate. You also
might be entitled to claim your children
during specific years, on your income taxes,
if your child support is being paid. I believe
$213.00 is not a bad investment!
LETS GET TO IT!
All the forms for filing a Parental Rights
and Responsibility Order can be found at
Pinetree Legal's website ( Here Under Court Forms ) except one.
You can go to the PTL website and actually
fill in most of the forms online to print
out. Use Hot Docs to do this.
How To Fill Out The Forms You Need:
1. FM-002 - Confidential Family Matter Summary
Sheet - This sheet asks for basic information,
and is pretty easy to fill out. "The
only question I could see that might throw
you is the question : Original Proceeding? - Which means first time any paperwork has
ever been filed. This is probably the one
you want to check. When you receive a docket
number, it should be written on every form
you file with the court. Or, Post Judgement, which means that if there has been paperwork
filed before, you will need that docket number
to file your case. Example: A Motion to Modify
would be a Post Judgement case."
2. CV/CR/FM/PC-200 Social Security Number Disclosure
Form - This form lists your Social Security Number
and your child(ren's) Social Security Numbers.
"This will be a District Court Case
not a Superior Court Case and if no previous
paperwork exists, there is no docket number.
Also, If you do not know the Social Security
Numbers of your children that is OK. Just
put down unknown."
3. CV-006 Complaint for Determination of Paternity,
Parental Rights and Responsibilities, Child
Support. ( after you have re-typed my sample Parental
Rights Agreement to figure out what works
best for both parents, you can include it
with this form.)
A. There is no Docket Number until you file
this. Then you will use that Docket Number
on all paperwork that gets filed.
B.. Plaintiff: You
C. Defendant: The Other Parent
D. District Court
E. Location: Cumberland County
1. List each child's name, date of birth, and
where the child now lives.
2. Plaintiff - List your town, county and state
3. Defendant - Other parent's address
4a. List where the children have lived for the
past 5 years.
4b This question asks you if there is any other
court action filed in another State, for
the child. If the answer is yes, you check
the "other" box, and this gets
more complicated. If there is no other court
action and if there is no Protection From
Abuse filed against you or the other parent
or a Protective Custody Order, you can skip
this section. If you cannot skip this section,
please ask an Attorney what to do. see: Ideas, Advice P.T.L. & V.L.P
"I was hoping to keep this simple but
if there is a P.F.A. ( Protection From Abuse
) Order issued against either parent, and
it was issued on behalf of the child(ren),
it usually states that the parent cannot
have contact with the person who obtained
that order, for a period of two years. If
that order is against you, once the order
has expired, you can file the Parental Rights
and Responsibility paperwork. If the Protection
From Abuse Order is for the other parent
only, and not on behalf of the children,
you can still file for your Parental Rights
and Responsibility and still receive visitation.
You will just have to make arrangements for
the pick up and drop off of your children.
for the remainder of the Order" ( I
would add that the V.L.P. probably can answer
any questions you may have in reference to
a P.F.A. and your Parental Rights to visitation
and the information is free. ) see: "Ideas, Advice P.T.L. & V.L.P"
Note: "If the person who has the P.F.A. Order
would like that Order dismissed, they can
ask the court to do so." see: " Filing A Protection From Abuse
Order"
4c. Does anyone else have physical custody of
your children? If not, skip this section.
5. Check all boxes that apply.
a. Have you or the other parent collected benefits
for the children from the State? If so, check
off "Public assistance has been received
for the children"
b. You need to send a copy of this Order to
the D.H.H.S. Support Enforcement Department
address listed on this form.
c. If there is a child support order in effect,
check this box. If you have a copy of the
order attach it to this document. If not,
I believe D.H.H.S. will have a copy they
can send you.
d. If your the (Plaintiff) parent without physical
custody, who pays child support and your
the one filing this order, if you want your
child support reviewed, you would check this
box. If your the (Plaintiff) parent with
physical custody of the children, and this
isn't about changing or enforcing a child
support order, leave this blank.
"No matter what you check off as far
as the child support issues D.H.H.S. will
be there in the courtroom when you both go
to your hearing. That is the reason you send
them a copy."
Plaintiff Requests That The Court:
"If there is a child support order in
effect, the first two boxes ( a & b )
would not apply."
a.
b.
c. Determine Parental Rights and Responsibilities. "This is the box you check."
d. D.H.H.S. has already done this if a child
support order is in effect.
e. "The last two boxes I am not even
going to bother with. Needless to say, if
you check either one, you must be pretty
angry."
Attorney for Plaintiff: Leave blank if your doing this yourself.
Now you date it, sign it, ( But Not Yet! ) and write down your address and phone number
"Before you can file this form with
the court, it has to be signed by a Notary Public. You also must sign this and date it in the
presence of the Notary. Bring along a picture
ID to use as verification of your identity.
You can usually find a free Notary at the
Bank or Credit Union you use. If you have
no accounts, you can still use the Bank's
Notary, but they may charge you a small fee."
4. CV-036 - ACKNOWLEDGMENT OF RECEIPT OF SUMMONS
AND COMPLAINT OR POST-JUDGMENT MOTION.
One original copy of this form, needs to
be filed with your original paperwork, regardless
of how Service was completed.
"If registered mail was used, you sent
the other parent a copy of this form and
they are suppose to send it back to prove
they were served. Most don't do that.
Just file the signed green card with this
form and fill out the information below."
a. District Court
b. Location: Cumberland
c. Docket Number assigned yet? N/Y
d. Plaintiff: You
e. Defendant: Other Parent.
"Everything below the word "Notice"
just leave blank.
The signed green card proves the other parent
received the paperwork."
5. CV-038 - FAMILY MATTER SUMMONS AND PRELIMINARY
INJUNCTION
This form is the one not listed on the PTL
website. Why?
This form has a State Seal pressed into it.
It tells the Defendant of the action being
brought against them and puts a "Preliminary
Injunction" in effect which prohibits
restrain of personal liberty of the other
party (you) or the children. Contempt of
court charges are threatened if this Official
Court Order is not followed.
Location: Cumberland
Docket # ______________
Plaintiff: You
Defendant: Other Parent
a. You date it
b. Circle (Plaintiff)
c. Print you name and address / (you can
leave the phone number blank if you need
to)
6. FM-050- CHILD SUPPORT AFFIDAVIT
Location: Cumberland
Docket # ______________
Plaintiff: You
Defendant: Other Parent
Name: Yours
Date of Birth: Yours
Name and address of your present employer
1. GROSS INCOME:
A. Use your taxes from last year to answer this.
B. Loaded Question. "Your answer? No more than last year!"
2.OTHER GROSS INCOME
Expected this year. "The key word here is Expected. I'll
never forget my Lobsterman son who put down
a large amount and "Expected" more
than he got that year in sales. That Expected
amount became the basis of the amount of
child support he was ordered to pay. If you
get a certain amount a month due to Workman's
Comp or Unemployment, or from any of the
places they list, times the amount you recieve
by 52 weeks and that is the amount you "Expect
this year."
3. EMPLOYMENT FRINGE BENEFITS
Again, you "Expect to recieve."
4.TOTAL GROSS INCOME:
Add 1b, 2, and 3. " Notice you do not
add 1A. which asked "how much did you
make last year? "Instead, they add the
EXPECTED Gross Income you put down."
(Back Page)
5. YEARLY SUPPORT YOU PAY FOR OTHER CHILDREN:
6. WEEKLY HEALTH INSURANCE:
a. Put down what your employer takes out
of your check if you have a job, and have
insurance.
b. If you pay for insurance for other child(ren),
put down that information.
7. WEEKLY CHILD CARE COSTS:
"If this apply's write down the amount."
8. WEEKLY EXTRAORDINARY MEDICAL EXPENSIVES:
"If your child has medical issues, put
down the cost and reason for the expense."
9. OTHER CHILDREN IN YOUR HOME:
Other children you are legally responsible
for.
10. OTHER FACTS:
"If there are circumstances in your
situation that affects your Child Support,
perhaps waiting for a decision from Social
Security or Unemployment, list that here."
11. ASSETS AND DEBTS:
"If you have real estate, stocks and
bonds, or recreational vehicles, I hope you
have an Attorney."
"This is pretty self explanatory. If
your like me, a person just trying to make
it, most of it probably won't even apply
You don't sign this form yet! It is one of
the forms that needs a Notary signature.
THERE. YOUR DONE!
" It will be interesting to see how
this works out for you. About six months
after my ex and I filed our agreement, neither
one of us could remember what the visitation
schedule was. Know why? Because it didn't
matter anymore. Neither one of us had "control"
over it. It forced us to communicate and
visitation ended up being "could you
take / keep him for today?" Our lives
were now easy to schedule, knowing we each
would be a free "sitter" for the
other parent, when needed."
If you have any questions I failed to answer,
the V.L.P. answers them for free and will
also look at your paperwork before you file
it, for Free. see: "Ideas, Advice P.T.L. & V.L.P."
Go Back To The Middle Of This Page To "So How Does This Work" and follow the steps to serve and file your
action.
BUT WAIT......
"If there is any chance you both can
come to an agreement before anyone files
the Parental Rights Order, that is the best
course to take. I have helped a couple of
people do this. The years had gone by and
the resentment wasn't there anymore. They
agreed to do what was best for the children.
That is why the Shared Parental Agreement
I wrote worked. This also includes all the
"unknown" situations your child
may find themselves in as they grow up. From
school issues to the law, your child's problems
also become both of your responsibilities.
50/50! When the other parent understands
that they will now have some help with the
bad things that may happen, they come around.
At least my friends did. So why did they
even bother to file the Order if they got
along so well? The parent who did not have
physical custody could not get a report card
mailed to them, couldn't call the Doctor
and get any information. With a copy of the
Order given to both the Dr. and the school,
they were given information on medical history
and sent all school related activities and
progress reports. If you can work out the
agreement with the other parent before filing,
you will breeze through the process, save
some money and skip any Guardian at Litem
appointments, You'll also be showing the
Judge that you are two parents who are doing
what is best for your children!"
All you need to file with your paperwork
is the "Shared Custody Agreement" you both agreed on and the FM-054 - "Certificate In Lieu Of Case Management"
form." Remember, Child Support cannot be
an issue. If there is an order already in
effect, this should go smoothly.
"You may have to "fight" against
the other parent. I have seen many a parent
feel great reluctant to give up that control
they got used to having. because they just
realized that the control now may not be
in their hands. Here is the good news. If
there is really no good reason to dispute
what you are requesting, there should be
no reason your requests should be denied.
The Courts understand the importance of both
parents roles in theirs child's lives. You
may have to change a few things from your
original request, but I am very hopeful most
everything you ask for, as far as visitation,
will be granted."
My Final Thought...
"I am not a Lawyer! Because of that, I feel
I really need to push this "negotiate"
warning I was trying so elegantly to get
across. Remember, I fought many custody battles
against my last ex. Allegations from both
of us, flew like the wind. Every one of them
were investigated and the months, turned
into more than a year and a half. We were
in and out of courtrooms almost every month.
I lost custody of my son twice, for 28 days,
due to false allegations written on two Protection
From Abuse charges. My point? I had no idea what it was doing to my son
and I believe she didn't either. Allegations, real or not, are really not
the issue here unless it deals directly with
your children's safety. None of us are perfect
and we both were lucky the Guardian Ad Litem
put up with us, for as long as he did. I
would really advise you both to save yourselves
allot of pain and agony and do the right
thing. Take that agreement, discuss what
you can both accept as far as terms, and
file the "Certificate In Lieu Of Mediation".
You may not get all you are asking for, but
I believe you will end up with more then
what you had! If you think my words might
sway the other parent, then by all means
share this link with them. Please keep this
simple...... for your children's sake.