Answer To Petition For Termination Of Parental Rights {113}

Form 113 (Rev. 10/10) The Family Court of the State of Delaware In and For New Castle Kent Sussex County ANSWER TO PETITION FOR TERMINATION OF PARENTAL RIGHTS Petitioner Name v. Respondent Name File Number Street Address Street Address P.O. Box Number P.O. Box Number Petition Number City/State/Zip Code City/State/Zip Code Attorney Name Attorney Name If a hearing is scheduled in this matter, will Petitioner need an interpreter? Yes (If yes, specify language Yes (If yes, specify language If a hearing is scheduled in this matter, will Respondent need an interpreter? ) ) No No The respondent hereby answers the Petition for Termination of Parental Rights ("TPR") as follows: Part I. A. Petitioner(s) resides at the address stated on the Petition. Admitted Denied for the following reason: B. I (Respondent) reside at the address stated on the Petition. Admitted Denied for the following reason: C. The child(ren)'s name, date of birth, place of birth, and gender are correctly stated on the Petition. Admitted Denied for the following reason: D. The parents' names and addresses are correctly stated on the Petition. Admitted Denied for the following reason: E. The name(s) and address(es) of the person(s) or organization having the guardianship, care, control or custody of the child(ren) are correctly stated on the Petition. Admitted Denied for the following reason: F. Adoption of the child(ren) is possible and appropriate. Admitted Denied for the following reason: G. If both parents' parental rights are sought to be terminated in the Petition, the possibility of placement of the child(ren) with blood relatives has been explored. Admitted Denied for the following reason: 1 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Form 113 (Rev. 10/10) H. Termination of my parental rights is in the best interests of the child(ren). Admitted Denied for the following reason: Part II. Grounds for Termination of Parental Rights - 13 Del. C. §1103(a) (Attach additional copies of Part II for each additional child named in the Petition for TPR) I. Pursuant to 13 Del. C. §§ 1103(a)(1) and 1106, I agree (consent) that this Petition be granted and I have provided a signed and notarized Consent to Termination and Transfer of Parental Rights form to the Petitioner for filing with the Court. Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: J. As defined under 13 Del. C. §§1101(1) and 1103(a)(2)(a), I have intentionally abandoned the child as evidenced by the fact that one of the following statements made in the Petition is true: i. The child is younger than 6 months old at the time of filing the Petition and I failed to pay reasonable prenatal, natal and postnatal expenses in accordance with my financial means and I failed to visit regularly with the child and I failed to manifest (show) an ability and willingness to assume legal and physical custody of the child (if the child was NOT in the physical custody of the other parent). Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: 2 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Form 113 (Rev. 10/10) ii. The child is at least 6 months old at the time of filing of the Petition and for at least 6 consecutive months (6 months in a row) during the year immediately before filing the Petition, I failed to make reasonable and consistent payments in accordance with my financial means for support of the child and I failed to communicate or visit regularly with the child and I failed to manifest (show) the ability and willingness to assume legal and physical custody of the child (if the child was NOT in the physical custody of the other parent). Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: iii. The child is younger than 6 months old at the time of filing the Petition and I have manifested (shown) the unwillingness to exercise my parental rights and responsibilities as evidenced by my placing the child in circumstances leaving the child in substantial risk of injury or death. Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: K. As defined under 13 Del. C. §§1101(1) and 1103(a)(2)(b), I have unintentionally abandoned the child(ren) because for 12 consecutive months (12 months in a row) in the 18 months before this Petition was filed, I failed to communicate or visit regularly with the child and I failed to file or pursue a pending Petition to establish paternity or to establish the right to have contact or visitation with the child and I failed to manifest (show) the ability and willingness to assume legal and physical custody of the child (if the child was NOT in the physical custody of the other parent) and at least 1 of the following circumstances applies: The child is not in the legal and physical custody of the other parent and I am not able or willing promptly to assume legal and physical custody of the child, and to pay for the child's support in accordance with my financial means; Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: 3 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Form 113 (Rev. 10/10) OR The child is in the legal and physical custody of the other parent and stepparent, and the stepparent is the prospective adoptive parent, and I am not able or willing promptly to establish and maintain contact with the child and to pay for the child's support in accordance with my financial means. Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: OR Placing the child in my legal and physical custody would pose a risk of substantial harm to the physical or psychological well being of the child because the circumstances of the child's conception, my behavior during the mother's pregnancy or since the child's birth, or my behavior with respect to other children indicates that I am unfit to maintain a relationship of parent and child with the child. Not applicable because the above statement was not alleged by Petitioner in the Petition for TPR. Admitted Denied for the following reason: OR Failure to terminate my parental rights