Attorney_____ (#____)
___________________
___________________
Attorney for Petitioner
______________________________________________________________________________
IN THE THIRD JUDICIAL DISTRICT COURT OF _________ COUNTY
STATE OF ________
______________________________________________________________________________
)
IN RE: )
THE INTEREST OF: ) FINDINGS OF FACT AND
) CONCLUSIONS OF LAW
________________________ )
)
A MINOR CHILD. )
)
____________, )
)
Petitioner, )
v. )
)
__________________________; and )
_________________________, )
)
Respondents. ) Case No. __________
) (Judge ____________)
______________________________________________________________________________
This matter came on regularly before the Court on petitioners’ Verified Petition for Termination of Parental Rights and for Adoption and the supporting documents filed herein. The Court having carefully considered the pleadings and supporting documentation on file herein and the Court being fully informed in this matter makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. Petitioner, __________________ is a resident of _____________, State of _________ and has resided there for approximately _______ years.
2. Petitioner, is the grandmother of _____________________ (collectively referred to herein as “Minor Child”), and she is over the age of _____________________.
3. The Minor Child currently lives with Petitioner and has resided with Petitioner for approximately the last _____________.
4. Petitioner has maintained guardianship of the Minor Child during that period of time and received guardianship due to a letter being written from the Minor Child’s mother giving Petitioner custody for _____________.
5. Petitioner never went to court to receive an official court assignment of guardianship, but rather was given guardianship on a temporary basis from the Minor Child’s mother.
6. Petitioner has been responsible for the Minor Child’s whereabouts during the period of time Minor Child has resided with Petitioner.
7. During past the ______ years, _________________, the Minor Child’s natural father, (hereinafter referred to as “_____________”) visited Petitioner’s residence only once or twice, the only time being in approximately ________ to pick child up to spend one night with the child.
8. Since _________, __________ has not returned to Petitioner’s residence and the Minor Child has not resided anywhere else other than Petitioner’s residence.
9. Petitioner is acquainted with _______ family members, namely __________ and she did not give any indication that _________ wanted any affiliation with the Minor Child.
10. During past __________ years, Petitioner has not been contacted by __________ concerning physical custody or parent-time with the Minor Child.
11. _____________ has not attempted to contact the Minor Child via mail nor telephone. Consequently, there have been no attempts to communicate by ____________ during the past _________ years.
13. Furthermore, there has been no indication that _____________ is interested in being a parent to the Minor Child.
14. ____________ has not provided food, clothing, shelter, education assistance, physical, mental, emotional health or development to the Minor Child.
15. Additionally, _________ has not sent any money to Petitioner, however the last payment received from the Office of Recovery Services was _________________.
17. No statements from ORS whether he is currently in obligations or paid.
18. Petitioner’s intent with respect to the Minor Child is to make sure he has a good education, stability, guidance, provide financial support and to be there for him in the future.
20. Petitioner believes _______________ rights should be terminated because ____________ has not stability or home in which he can take care of the Minor Child.
21. ____________ has not been in contact with the Minor Child, and the only financial support Petitioner receives is through ORS which collects from __________ if he gets a job.
22. Petitioner has provided for Minor Child for several years, which has included spending her personal money on him, purchasing his school uniforms, and participation in clarinet lessons, costs associated with being on the swim team and basketball team.
23. Petitioner has also not received support the Minor Child’s mother, as she has been at a homeless shelter and has not worked.
24. Petitioner has implemented plans to care for the minor child should something happen to her in the future.
25. ________ was provided notice of the hearing by mail, in addition to his residence being served with notice of the hearing.
26. To Petitioner’s knowledge, ________ is not working and has hardly ever worked since she has known him.
27. The natural mother of the Minor Child is _____________ (hereinafter referred to as “__________”), and she desires to voluntarily relinquish her parental rights to the minor Child.
28. ___________ understands that by voluntarily relinquishing her parental rights, she is waiving her right to visitation, to maintain personal guidance and care of the Minor Child, right to act on the Minor Child’s behalf is terminated, any notice regarding any proceeding the Minor Child is involved in, waive right to revoke consent or otherwise intervene in this adoption proceeding, allowing the Petitioner to adopt the Minor Child.
29. Consequently, ______________ agrees to voluntarily to waive her parental rights.
32. _______________ raised the Minor Child for the first _________ years of his life on her own when she encountered ____________________, which made her unable to care for him.
33. ___________ believes it would hurt the Minor Child to remove him from the Petitioner and believes it would be in the Minor Child’s best interest to have her parental rights terminated and allow Petitioner to adopt the Minor Child.
34. _____________ understands that by allowing Petitioner to adopt the Minor Child, she loses the right to call herself mom to the Minor Child and to demand be kept in the loop concerning information about him with regard to schooling and health related information.
34. Additionally, ___________ understands that she will lose the right to receive any inheritance should the Minor Child die with an estate.
35. ___________ agrees that terminating parental rights allows open the door for adoption and guardianship to continue.
CONCLUSIONS OF LAW
1. Based on testimony presented by Petitioner, it appears that ____________ has surrendered custody and care of Minor Child, and has done so for an extended period of time.
2. Furthermore, ______________ has not demonstrated an interest in maintaining a parental relationship with his biological child, has failed to show normal interest of natural parent without just cause, there has been no communication by mail or telephone otherwise for at least _______________, and based on testimony for a considerable period of time beyond that; further, ________________involvement with illegal substances has lead the court to the conclusion that environment would not be in Minor Child’s best interest because the lifestyle is incompatible with providing nurturing support for child.
3. Additionally, Petitioner testified that she has provided for the Minor Child’s care, welfare, support and provided physically for his needs. Also, Petitioner has provided for long term welfare and making arrangements to ensure minor child’s long term interests academically, socially and other settings will be protected and taken care of.
4. The testimony is sufficient to establish that ______________ effectively abandoned the Minor Child; abdicated responsibilities as parent knowingly and apparently intentionally; Therefore, it is appropriate to terminate ________________ parental rights.
DATED this ____, day of ____________________, ______.
BY THE COURT:
___
DISTRICT COURT JUDGE