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The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…

In Re L.L.B. – 2023 UT App 66 – Termination of Parental Rights Reversed

In re L.L.B. – 2023 UT App 66 THE UTAH COURT OF APPEALS IN THE INTEREST OF L.L.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.B. AND H.B., Appellees, v. J.B., Appellant. Opinion No. 20210942-CA Filed June 15, 2023 Eighth…

2023 UT 11 – In Re C.D.S. And W.E.S – Appeal of Termination Parental Rights

July 26, 2023

Appeal, Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Utah Supreme Court Decisions

appeal, parental rights, termination of parental rights, Utah Court of Appeals Decisions, Utah Court Rules, Utah law, Utah Supreme Court Decisions

2023 UT 11 – In re C.D.S. and W.E.S IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the interest of C.D.S. and W.E.S., persons under eighteen years of age. A.S., Petitioner, v. STATE OF UTAH,…

2023 UT App 55 – In re F.C.G.

2023 UT App 55 – In re F.C.G. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF F.C.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. L.C.G., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20221129-CA…

Can a Parent Who Signed Over Their Legal Rights Show Up at School Functions for the Child? Is There Anything That Can Be Done if They Keep Coming to Things Like Sports and Award Ceremonies?

June 19, 2023

Child Custody, Fathers' Divorce Issues, Parent Time, Parental Rights, Utah

legally terminated parental rights, parental rights

I cannot answer this question as to what law applies in all jurisdictions, as I am not licensed to practice law in all jurisdictions, but I will be happy to answer this question according to the law as it applies…

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

If Parents Are Divorced or Separated, Can the Parent With Full Custody of the Child Prevent the Other Parent From Seeing the Child, Even if That Parent Is Paying Child Support?

February 24, 2023

Child Care Costs, Child Custody, Child Neglect, Child Support, Child Support Enforcement, Children in Divorce, Parent Time, Parental Rights, Physical Custody, Sole Custody

Child Support, parental rights, sole custody

Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact with the child on the grounds that it is necessary…

How can I make sure father won’t gain custody?

My husband cheated on me and we’re getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure that he won’t gain custody or even visitation rights? Surely…

How does someone take custody of a child after winning custody?

When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of the child to take them? How does this usually go? …

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. – 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion…

In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210185-CA Filed December 9, 2021 Fifth…

I have a debit card in my name. Can my parents take it?

December 9, 2021

Children in Divorce, Court Rules, Family Law, Parental Rights, Utah Code, Utah Court Rules, Utah Law

best interest of child, child's rights, children, domestic relations, family law, parental rights

I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This is a tough question that depends on the laws of…

In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals

October 4, 2021

Abuse, Best Interest of the Child, Child Abuse, Juvenile Court, Legal System, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

best interest, Domestic Violence, parental rights, terminate, termination of parental rights, Utah Code § 78A-6-503(1), Utah Code § 80-4-104(1), Utah Code § 80-4-301

In re Z.C.W. – 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District Juvenile Court, West Jordan Department The Honorable Renee M. Jimenez …

2021 UT 36 – In re E.R.

August 9, 2021

Utah Supreme Court Decisions

child custody, custody, parent custody termination, parental rights, Utah law, Utah Supreme Court

2021 UT 36 – In re E.R. IN THE SUPREME COURT OF THE STATE OF UTAH State of Utah, in the interest of E.R., a person under eighteen years of age J.R., Petitioner, STATE OF UTAH, Respondent. No. 20200163 Heard April 8, 2021 Filed July 29, 2021 …

Do you think it’s fair that Brad Pitt got joint custody of his kids?

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does not arise or get handled the same way as would…

Judge says stay away from my paramour. Can judge do that?

Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not to have paramours around our child. Will the judge take…

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?

March 4, 2021

Child Custody, Child Custody Modification, Court Orders, Legal System, Modification of Child Support, Termination of Parental Rights, Utah Court of Appeals Decisions

custody, grandma, grandmother, lawsuit, mom, Parent Time, parental rights, suing

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries to hire refuses to represent them, can he receive a…

Can a parent discipline a child by taking the child’s phone away?

Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and a parent myself, I always believed that I had control…

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