Filing a Petition for Parental Rights and Responsibilities
If parents are getting divorced, a court will have to make orders allocating the parental rights and responsibilities.
Married parents
Asking a court to intervene in your relationship with the other parent can hurt that relationship. Sometimes parents work well together and do not need a court order. Deciding whether or not to file a petition is an important decision. There is no right or wrong; each case is different. Before filing anything that could have such long lasting effect on your family, you should get legal advice specifically tailored to your circumstances.
Unmarried parents
If the parents are not married, they may ask a court to make the same kinds of orders about their children as a court would make if they were getting divorced.
Some of the reasons unmarried parents ask for a court’s help are:
- The parents cannot work together.
- One parent refuses to support the child.
- One parent is denied time with the child.
- There is a threat that the child will be removed from the state.
- There is a threat that the child will be injured.
- The parents want to resolve parenting issues BEFORE there is a dispute.
Process for filing
Whether you file a Petition for Divorce or a Petition for Parental Rights and Responsibilities the actual process remains essentially the same. In any case involving children, the documents required are the same:
The first time you appear in court (the First Appearance, Temporary Hearing, or Structuring Conference) you must present these documents to the court, and give copies to the opposing party or his/her attorney seven (7) days prior to the hearing.
Each time you appear in court make sure you bring up-to-date copies of these documents with you. You have an obligation to make sure that you give the court up-to-date documents every time you appear.
Going to court without an attorney
Appearing Pro Se – Representing Yourself in a Parenting Rights and Responsibilities Case
This information is for people who will not have an attorney to help in a divorce or parental rights and responsibilities case.
A person who goes to court without a lawyer is said to be pro se. There are many reasons to go to court without a lawyer, but anyone who does is taking certain risks.
Before filing a divorce or parental rights case on your own, or responding to a case filed by your spouse, we urge you to speak with a lawyer. If there is no way for you to hire a lawyer, call 603 Legal Aid at 603-224-3333 or apply for help online.
If you choose to use this information to help you appear pro se, you do so at your own risk. We have tried to make this information as useful as possible, but it is not a substitute for legal advice or representation. We cannot be held responsible for your use of this information.