Idaho > Statewide > District Court > Family Law
Joint Petition For Paternity Custody Visitation And Or Child Support CAO 13-3 - Idaho
| Joint Petition For Paternity Custody Visitation And Or Child Support Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
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Completing Form CAO 13-3: Agreed Petition for Custody (Revised 10/2003) If child support was established by the Department of Health & Welfare i n the same county as the county where you will file your Petition for Custody, you should file your documents in that same case. Forms to join in that case as a party are available at the C ourt Assistance Office. If the State of Idaho Department of Health and Welfare has filed a case to establish a Child Support Order, you need to serve a copy of the Petition upon the Department of Health & Welfare. Talk to an Attorney, if Possible Warning: When you represent yourself in a court case you are held to th e same standard as an attorney. This applies to your preparation of paperwork and your conduc t at all hearings and/or trial. Your lack of legal knowledge may cause you to make serious error s in handling your case. These instructions are not a substitute for legal advice. The laws and court rules are complex and following these instructions will not guarantee that your rights are protected or that you will be satisfied with the result. You should always talk to a lawyer about your legal problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your case, a lawyer can give you more information about your rights. Call the Idaho State Bar ( 208-334-4500) to provide you with the name of an attorney who handles this type of case. YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE COMPLAINT, KNOW THE CONTENTS AND BELIEVE ITS TRUE. TO AVOID MAKING ANY MISSTATEMENTS, BE SURE TO READ THE ENTIRE COMPLETED FORM. Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you dont need and ren umber the remaining sections, or type in none if a section doesnt apply. Option al sections are shown with a boldface or. If the section does not contain a boldface or it is necessary and you should type in the appropriate information (which might be the word none ). Always keep a copy of the completed form for your records. At the top left-hand corner of page 1, fill in your full legal names, ma iling addresses and telephone numbers. The Court Heading. Fill in the county and judicial district (for examp le, In the District Court of the F ourth J udicial District, in and for the County of E lmore). The Caption. Fill in your full legal names (In re the Child/ren of: Jo hn Doe and Mary Doe, Petitioners). The Name of the Document. Check the boxes to indicate the orders you wa nt. The Case No. If this is a new case, the case number will be assigned by court personnel when you file the Petition. If you are filing in an existing case, use that case number. You should write in the case number on all other documents. The court heading, caption and case number will be the same on all other documents you prepare for this case. AGREED PETITION FOR CUSTODY PAGE 1 CAO 13-3 Revised 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 2 1. Minor Child/ren of the Petitioners. Fill in the name and date of bi rth for each minor child and the city and state where each child has lived for the last five years. WARNING: If any of your children have not resided in Idaho for at least six uninterrupted months before the filing of the Petition (or for their entire lives if they are less than six months of age), the Idaho court may lack authority (jurisdiction) to determine custody of that child. In that event you should talk to an attorney to determine if there may be other grounds for jurisdiction und er Idahos laws. 2. Jurisdiction/Paternity. Check the first box if paternity has NOT been established. Do not check the box if there is an Order signed by a Judge stating the Father is the father of your chil d/ren. (The order may be called an Order of Filiation or a Paternity Order.) Do not che ck the box if there is a Voluntary Acknowledgment of Paternity, signed by both parents, which has been filed with the Bureau of Vital Statistics, stating you are the parents of the child /ren. o Write fathers full legal name in the blank and o Check all boxes that are true in your situation. or If there is an Order of Filiation or Paternity Order, check the box for that paragraph and Make a copy of the Order to attach to the Petition. or If there is a Voluntary Acknowledgment of Paternity, check the box for t hat paragraph and Make a copy of the Voluntary Acknowledgment of Paternity to attach to th e Petition. A copy of the Voluntary Acknowledgment of Paternity should be filed with the Bu reau of Vital Statistics in the state where the child was born, or the local office fo r Child Support Services may have a copy if the Department of Health & Welfare has filed a child support action. 3. Residence of Petitioners. Write in the residence of each parent (c ity, county and state). 4. You do not need to fill in anything. 5. UCCJEA Jurisdiction. This is your statement that each child has res ided in Idaho for at least the past 6 uninterrupted months. Additionally, you are required to inform the court if there have been any other cases involving your child/ren in any other court or if there are any other people claiming custody or visitation rights with the child/ren. In paragraphs 5a, b, c and d, provide all requested information or write none. 6. Legal Custody. Joint legal custody means the parents are re quired to share the decision- making rights, responsibilities and authority relating to the health, ed ucation and general welfare of the child/ren. The court will award joint legal custody unless you can prove it would not be in the best interest of the minor child/ren for the other parent to share t he decision-making rights. Check the first box if both parents are fit persons to share the decisio n-making rights, responsibilities and authority relating to the health, education and gen eral welfare of the child/ren. or Check the second box if one parent should have sole legal custody of the child/ren, and Fill in the blank to indicate which parent will be given sole legal cust ody. 7. Physical Custody. "Joint physical custody" means each parent has fr equent and continuing contact with the child/ren. With joint physical custody each parent has significant periods of time in which a child resides with or is under his/her care and supervis ion. The parenting time is AGREED PETITION FOR CUSTODY PAGE 2 CAO 13-3 Revised 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 3not
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