Utah Code Title 78A-6-503: Judicial process for termination, Parent unfit or incompetent and Best interest of child• For this reason, the termination of family ties by the state may only be done for compelling reasons. Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child. • The court shall provide a fundamentally fair process to a parent if a party moves to terminate parental rights. • For these reasons, the court should only transfer custody of a child from the child’s natural parent for compelling reasons and when there is a jurisdictional basis to do so. Additionally, the integrity of the family unit and the right of parents to conceive and raise their children are constitutionally protected. A child’s need for a normal family life in a permanent home and for positive, nurturing family relationships is usually best met by the child’s natural parents. It is in the best interest and welfare of a child to be raised under the care and supervision of the child’s natural parents. Termination of parental rights is a court order that permanently ends the legal parent-child relationship.This type of order terminates rights such as inheritance, custody, and visitation, as well as responsibilities such as child support and liability for the child’s misconduct. Parental rights can be terminated voluntarily by the parent(s) to allow an agency, independent, or stepparent adoption to take place. Parental rights may also be terminated involuntarily when the court finds one or both parents to be unfit. In general, the court will only order the termination of parental rights if someone else is prepared to assume those rights, usually by adopting the child. The court will not order the termination of parental rights if that would leave the child with only one parent responsible for care and support. Juvenile Dependency CourtThe child becomes a ward of the court when someone (usually CPS) reports mistreatment. Termination is involuntary when the court finds that the parents have abused, neglected, or abandoned a child, and/or that the parent suffers from some mental or physical incapacity, including substance abuse, that prevents them from caring for the child. Parental rights are terminated in these situations so that the child may be adopted. Family Court Adoption Proceedings LawyerBoth birth parents may voluntarily terminate their parental rights when relinquishing the child for an agency or independent adoption. Termination is with the consent of the non-custodial parent, or without their consent if the court finds that the parent has willfully abandoned the child. The father’s parental rights can be terminated without his consent if the court finds that his continuing relationship is not in the child’s best interest. Termination of parental rights is seen by the courts and should be seen by litigants as an extremely serious matter. As a biological or adopted parent of a child, one has certain rights that cannot easily be taken away. While you may feel that your deadbeat ex isn’t worthy of the privilege of time with your child, the courts look on the matter differently, taking a child’s needs and well-being into account over a parent’s personal grievances. “Parental rights cannot be terminated in family court at the request of one parent simply because the other parent is a ‘bad parent.’ The inclination of the court is always to preserve the parental relationship if possible. However, that in extreme cases of abuse or neglect, parental rights may be terminated. “These cases are not initiated by one parent or the other. These cases fall under the jurisdiction of the juvenile dependency courts and are generally referred by child protective services. Revoking parental rights, awarding sole legal and physical custody to the complaining parent is akin to the death penalty of parenting, as it strips full decision-making authority and eliminates parenting time for the other parent. Consequently, modifications in child custody and parenting time are more likely to be the legalities that are adjusted when one parent questions the other’s dedication to their children. And even when parental rights are terminated, the banished parent might subsequently regain his or her rights. It’s critical to understand exactly what you’re giving up by pressing to terminate parental rights. While your life may be easier without the stress of your fellow parent’s behavior in the picture, there is the financial aspect to consider. “You are also terminating their parental responsibilities, including financial child support, and the child’s right to potentially take under a parent’s will or under state intestacy laws.” Keep in mind that to win a case to terminate parental rights, you’ll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child. You’ll have to show that the other parent is a danger to the child or is actively trying to destroy the relationship between the child and the custodial parent. For instance, if the non-custodial parent is trying to alienate the child from the custodial parent, the court could very well terminate all parenting time for the non-custodial parent and keep that parent out of the decision-making process for the child. But even such evidence might not be sufficient. Any shred of hope in the parent-child relationship wills most likely result in a denial of the request to terminate parental rights.” Stepping Into A New RoleTermination of parental rights may be slightly easier to achieve if the request is made in the context of an adoption, where a stepparent comes in to take the place of the biological parent. There are still hoops to jump through to achieve termination of parental rights before a stepparent can adopt a child. The parent requesting termination must prove that the other parent has completely failed to contact the child, has failed to financially support the child, or has abandoned the child, or that the other parent is unknown and cannot be found. When you’re locked in a child custody battle with your former spouse, you want to ensure that you conduct yourself in a positive way to improve your chances of getting preferential custody. Even if you are an excellent parent, you need to prove it in a court of law if you want to see your children, and your word alone isn’t enough to satisfy a judge. In order to reach the best possible outcome, you need to not only prove that you are an excellent parent, you need to illustrate that your former spouse is a less dependable choice. As a parent, you must always be cognizant when keeping records for your children. If you don’t practice careful recordkeeping, your children will be at a disadvantage when it comes to school, health, and overall happiness. Loving parents are always involved in every aspect of their children’s lives, and they have the documents to prove it. Keep a file of the following records to prove that you are a great parent: Perhaps you can tell a story about a time when you were there for your children when your spouse was unavailable or maybe you can detail some of the important and unique connections you share with your children. Either way, you want the judge to perceive your relationship with your children as vital to their well-being and development. In the context of family laws, an “unfit mother legal proceeding” is a legal proceeding in which a mother’s ability and willingness to raise a child or children is examined by the court. Generally speaking, any parent or guardian can be deemed unfit based on their actions or conduct. However, these proceedings are called “unfit mother” proceedings because, in a disputed custody situation, the biological mother is traditionally granted custody unless otherwise specified. State laws may differ with regard to these proceedings, but if a father, mother, or legal guardian of a child is deemed to be unfit, it may result in various consequences. These are broadly intended to place the child in a better position of care. These consequences may include: In cases of serious or ongoing abuse, criminal charges can also result. In order to deem a parent unfit, the court first needs to be provided with sufficient evidence in support of such accusations. This can come in various forms including witness testimony, police reports, school reports, and other sources. Also, courts may also examine the mental health and physical state of the child as part of the analysis. If there is no basis for such a ruling, then the court will generally dismiss the accusation of being unfit. In fact, many frivolous legal proceedings involve false accusations of unfit parenthood by the other parent. Filing a frivolous legal claim can result in serious negative legal consequences for that parent. In recognition of these types of concerns and issues, courts will make all custody decisions using the child’s best interest standard. This means that they will examine all evidence and circumstances in order to create the parenthood arrangement that most benefits the child. Can a Non-Parent Become a Child’s Guardian?In some cases, the court may need to appoint a person who is not the child’s biological parent to step in and become the child’s legal guardian. This can happen in a wide range of circumstances, and can involve many different situations. A non-parent may be appointed guardian in situations such as: In many cases, courts may often appoint the grandparents of the child to be the legal guardian or guardians. This is because in many instances, the grandparents already have a previous relationship to the child or children, and are often in a position financially to provide for children. Unfit parent proceedings can involve some major legal decisions and issues that can determine the child’s upbringing. You may need to hire a child custody lawyer in your area if you or a loved one will be involved in any type of unfit parent determination. Your attorney can provide you with legal advice and research to determine what types of legal rights you have. Also, if you need to file a claim or if you need to appear in family court, your lawyer will be able to represent you during the process as well. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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