Statutes | Cherokee Code Chapter 7B Article 4 ยง 7B-402 | 2019
(a)
The petition shall contain the name, date of birth, address of the child, the name and last known address of each party as determined by C.C. § 7B-401.1, and allegations of facts sufficient to invoke jurisdiction over the child. The petition may contain information on more than one child when the children are from the same home and are before the Court for the same reason.
(b)
The petition, or an affidavit attached to the petition, shall contain the following information:
(1)
In any child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the childs present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(A)
Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, the pleading or affidavit shall identify the Court, the case number, and the date of the custody determination, if any
(B)
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, kinship guardianships and adoptions and, if so, the pleading or affidavit shall identify the Court, the case number, and the nature of the proceeding and
(C)
Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(2)
If the information required by subdivisions (b)(1) is not furnished, the Court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3)
If the declaration as to any of the items described in subdivisions (b)(1)(A) through (C) is in the affirmative, the declarant shall give additional information under oath as required by the Court. The Court may examine the parties under oath as to details of the information furnished and other matters pertinent to the Courts jurisdiction and the disposition of the case.
(4)
Each party has a continuing duty to inform the Court of any proceeding in this or any other jurisdiction that could affect the current proceeding.
(5)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not
be disclosed to the other party or the public unless the Court orders the disclosure to be made after a
hearing in which the Court takes into consideration the health, safety, or liberty of the party or child and
determines that the disclosure is in the interest of justice.
(c)
Sufficient copies of the petition and any affidavits shall be prepared so that copies will be available for each party named in the petition, except the child, which may include the childs guardian ad litem, guardian ad litem attorney advocate, the social worker, and any person determined by the Court to be a necessary party.
(Ord. No. 524 , 7-17-2015)