Utah Code Title 78A-6-502: Judiciary and Judicial AdministrationDefinitions: Parental Rights Parental rights are the set of legal rights granted to parents, which allow them to make important decisions on behalf of their child. Parental rights also refer to a parent’s right to take certain actions on behalf of their child. These rights reinforce the basic legal tenet that parents have the right to the care and companionship of their child. In general, parental rights include: Involuntary Termination of Parental RightsEach state has its own statute(s) providing for the termination of parental rights. The most common reasons for involuntary termination include: A parent can also lose their parental rights after being convicted of certain felonies. If a parent commits a crime of violence against their child or another family member, the court has the option to remove their rights and terminate the child-parent relationship. Also, if a parent is required to be imprisoned for a length of time that requires the child to enter foster care because there are no alternatives, the parent can lose parental rights. Foster Care AttorneyIf the termination of parental rights leaves a child with no legally responsible parents or guardians, the court will typically place the child in foster care. Before a state can take such a drastic action and place a child in foster care, it must file a petition under the federal Adoption and Safe Families Act (ASFA). However, state agencies aren’t required to petition in the following circumstances: • The parent was otherwise involved in the murder or voluntary manslaughter of another of his or her children, i.e. aided, abetted, attempted, conspired, or solicited the act. Many states have adopted statutes that provide for more protections of children in the above circumstances, shortening the wait times required before parental rights can be terminated and the child is placed in foster care. However, more than half of the states also have exceptions to these guidelines, such as when the child is provided for by a relative or the state believes complete termination of parental rights isn’t in the child’s best interests. Most states consider a child’s best interests in termination proceedings. In some states, statutes use general language mandating that the child’s health and safety be paramount in all proceedings, while other states’ legislation lists specific factors that must be considered, such as the child’s age; the physical, mental, emotional and moral well-being; cultural and attachment issues; and the child’s reasonable preferences. Reinstatement of Parental RightsMost states don’t allow reinstatement of parental rights once they’ve been terminated. However, under some circumstances, such as when the child has not yet been permanently placed in a foster home, the parent may have the option to file a petition and show they’ve become fit to provide a safe and nurturing home. Typically, parents voluntarily terminate their rights when they wish to give the child up for adoption. The main reason why parental rights may be terminated is for the child’s safety and wellbeing. The courts place high importance on the relationship between parents and their children. Therefore, should they decide to terminate parental rights, it would be for a very serious reason. Terminating parental rights is generally used to remove the child from an unhealthy or destructive environment, or as part of the adoption process. The court will always first consider the child’s best interests, which includes any time there is danger to a child’s physical, mental, moral, or emotional health. The most common reasons why a court would terminate parental rights include: Cases in which a parent requests to terminate their parental rights are especially difficult. This is because courts tend to want children to have both parents in their lives, for emotional or financial support. However, if the parent believes they are endangering the child, it might be best that they relinquish their parental rights. Importantly, giving up parental rights simply to avoid dealing with a child’s behavioral issues or to avoid paying child support, will most likely be frowned upon by the court. Parental rights may not be terminated for the following reasons: However, fathers may have trouble asserting their parental rights, as it may be more difficult for them to establish that they are the legal parent of the child. Fathers must first prove that they are the child’s biological father. Then, once fatherhood has been established, the state cannot remove parental rights from the father, aside from any of the circumstances mentioned above. • Another unique circumstance is if the parents are not married. It is not necessarily easier to terminate parental rights if the parents are not married, as the biological parents have the same rights as married parents if they are one family unit with their child. However, if the mother is married to a man who is not the child’s biological father, the mother’s husband is legally presumed to be the father of the child. • If a person becomes a parent through adoption or marriage, they have the same parental rights and responsibilities as a biological parent. As such, non-biological parental rights may only be terminated due to one of the reasons discussed above. Regardless of how a person came to be the child’s parent, they have the same rights to the child as long as they are the child’s legal parent. Making a Parenting AgreementA Parenting Agreement (sometimes referred to as a Parenting Plan) is a written statement that both parents sign up to as a way of establishing the ground rules around the way that they will parent apart. It can cover anything you both feel is important, most parents include things such parenting time arrangements, their children’s education and rules around new partners. Parenting Agreements work best when they are not too prescriptive, are flexible and are regularly updated to take account of children’s changing needs over time. You can wait to start writing a parenting agreement until you’ve nailed down details with the other parent, or you can create drafts earlier in the process. Ideally, parents should work together closely, rather than have one simply sign off at the end. You can have an attorney write your custody agreement or if you want to save money, you can write it yourself. Your parenting agreement should contain any information that you and the other parent need to raise your child after you separate. The general parts of a parenting agreement are: Decision-making responsibilityYour agreement needs to explain how you and the other parent will make decisions for your child about medical care, dental care, education, religion, extracurricular activities, etc. Finances and expensesIn most states, you need to file child support papers along with your parenting agreement. You may want to include child support information in your agreement so you have everything together. Since support is often dependent on parenting time, you can use the parenting timeshare calculator to help you get the right information for your state’s child support formula. You should also come up with a plan for how you and the other parent will handle additional expenses for the child and put the information in your agreement. This includes expenses for school activities and other things that child support may not cover. Parenting rules and provisionsYou can put addition parenting rules and provisions in your agreement to make the custody situation work better. Lawyer For Termination of Parental RightsWhen you need a lawyer for a case regarding the termination of parental rights in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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