Judiciary and Judicial Administration: Petition–Who may file1. Any interested party, including a foster parent, may file a petition for termination of the parent-child relationship with regard to a child. Voluntary Termination of Parental RightsBecause of the term parental rights, some people may assume that parents can quickly sign away their rights. However, Utah courts weigh a parent’s desire to relinquish their rights against the child’s right to have two parents. As such, parents must have valid reasons in order to voluntarily terminate their parental rights and relieve them of their responsibilities. In general, courts are willing to grant voluntary termination of parental rights when it is for the purposes of adoption. For example, if a couple does not believe they can parent a child and wants another couple to become the parents, the courts will likely see that the child’s right to have parents is fulfilled and grant the termination. Step-parent adoptions in which one parent is absent may also give the court a reason to grant the order. Typically, a termination of parental rights means custody of the child will fall to the other parent, but could also be given o a step-parent or a grandparent. If no appropriate family member emerges to take custody of the child after termination of parental rights, the family court will most likely put the child in foster care. The state of Utah provides more protection for children than federal law and has laws that lay out more reasons why parental rights may be terminated. All family law courts in Utah aggressively make a child’s best interests the highest priority. When it comes to child custody and parental rights cases, the primary consideration of the court is the benefit of the child. In some cases, the court must involuntarily terminate a parent’s rights in order to keep a child safe. However, this is a serious order to make, so courts only do it in extreme cases. A parent can lose his or her rights if they: • Get convicted of certain serious felonies Utah is one of the states in which parents can seek the reinstatement of parental rights after termination. However, convincing a court to restore these rights is anything but easy. Only the child can petition to restore the parent’s rights–the parent cannot get the ball rolling. Furthermore, the child (with the help of a social worker or caretaker) must file the petition within three years of the original termination of rights, and the child must not have been adopted during that time. If a parent has corrected the issues that caused the termination of parental rights, and if the family court determines that reinstatement of parental rights is in the child’s best interests, the court might approve the child’s petition. If the child is older than 12 years old, they have the right to attend the hearing to speak about the termination or reinstatement of the parent’s rights. Finally, the court must see that the original issue that caused the termination has been resolved and that restoring the rights would be in the best interest of the child. Grounds for Terminating Parental RightsThe phrase “termination of parental rights” can be the most frightening words a parent can hear. Fears of losing a child to the system can push a parent to work on improving their situation for the child’s benefit. However, to some, termination brings relief, as the parent knows that they can’t provide for the child but may have been unable to reach out for help. Some parents voluntarily terminate their parental interest as they feel it’s best for the child. The parental rights termination procedure is perhaps one of the strongest legal mechanisms available to protect children in need. In many cases, a termination proceeding is a necessary precursor to the adoption of the child. In some states and cases, it’s possible to reinstate parental rights after termination or consenting to adoption. The exact grounds for terminating parental rights vary from state to state. The following list summarizes the major grounds for terminating a parent’s rights to his or her child. Common Grounds for Terminating Parental RightsChild Abuse Factors• Severe or chronic physical abuse of the child. Parental Factors• Long-term mental illness of the parent. Additional Factors• The child has been in foster care for 15 of the most recent 22 months, and the parent is still not ready for reunification. The Steps For Termination Of Parental RightsThe first step is to file a petition that includes the child’s birth name, age and date of birth, their current address or the county of residence if the child is in the custody of the state. That petition will also include: Terminating parental rights completely severs the rights, obligations and responsibilities of the parent or guardian and after their rights have been terminated, and the parent will have no further notice about the adoption proceedings, or have any kind of legal relationship with the child. When the petition is filed the Court issues a summons to the necessary parties. If a parent whose rights are to be terminated is incarcerated, they must also receive notice of the time and place of the hearing. Any parent, stepparent, grandparent, or other relative can allege child abandonment and file a petition to obtain custody. In addition, any interested party, even if not related to the child, can also file a petition to obtain custody alleging abandonment, if both parents have neglected, abused, or abandoned the child. If only one parent has abandoned the child, usually the person asking this question above will be the non-abandoning parent, usually the one who has custody. They can also file a petition to limit the child’s parent time, request that the other parent’s parent time be supervised, or request that the other parent have a parental fitness evaluation. If the custodial parent believes that sufficient grounds exist to terminate the other parent’s parental rights, and that it is in the child’s best interests to do so, then they also file a termination of parental rights petition. If that petitioning parent wishes their spouse, the child’s stepparent, to adopt the child, then with the termination petition they may also file a petition for adoption by the stepparent. Parental Rights LawyerWhen you need legal help with parental rights in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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