We often get questions about how to terminate a parent’s parental rights. There are two ways to terminate a parent’s rights: through a contested proceeding proving that the parent is unfit or through a voluntary relinquishment. In either case, a court must find that it is in the best interest of a child for that child’s parent’s rights to be terminated.
Unfitness can be shown in many ways, including, but not limited to: abuse, neglect and abandonment. Usually unfitness must be shown by clear and convincing evidence.
Even if a parent wants to voluntarily relinquish their parental rights, in order for termination of their parental rights to be legal, a court must accept that voluntary relinquishment.
It is against public policy for a court to legally “bastardize” a child by terminatinga parent’s rights unless there is someone else to step in and accept and take on those parental rights (by adoption), unless it can be shown that it is clearly in the best interest of the child.
Please reply with any questions or comments you have with regards to this information.
I have a question, maybe you can answer for me. My husband and I want sole custody of his children from his previous marriage and we honestly believe the mother of these children is unfit. She goes out drinking at bars every single week, leaving the kids alone. The other night she told my step-daughter she was going out for two hours and didn’t come home till 3 in the morning (10 hours later). Her excuse? Her and her friends drank so much at the bar that her friend got alcohol poisoning and had to go to the hospital. She lives in Utah. We live in Chicago. We got her to send the children out to us to live with us for a while, but we want it to be a permanent arrangement and want the divorce decree changed so that my husband has custody. Do we have a case?
My response to this question as presented is to first point out that this is really a divorce and custody question, not a termination of parental rights question. What you are seeking is a modification of the divorce decree. In Utah, this is done by way of a petition to modify the decree in the original divorce action. In order to modify a custody order in Utah, a person must show (1) (a) substantial and material change in circumstances (b) not anticipated at the time of divorce and (2) that it is in the best interests of the child(ren).
Using the above legal information and the facts as presented and having no further information, but without giving legal advice, I would opine that your husband has a case. Again, it would require a very close look at the actual facts of the case and legal advice from a lawyer licensed to practice in Utah. As always, anytime you bring a legal action, you need to be sure and gather all your evidence (facts) that you can present to the court to prove your case. Before filing the petition, you may also want to see if the mother is willing to simply agree to the change in custody.
I had a child with someone and the relationship didn’t work out, I got married to someone else and he wants to adopt my son, He hasn’t seen his biological Father in about five years and hasn’t had any contact with him in over a year, what do I need to do to have my husband adopt him and and is this an abandanment issue? Im just not sure of where to start the whole process,
This situation occurs more often than you might think, both with mothers and fathers. It can be a bit tricky to get started, but once you do, the path forward is fairly clear.
In Utah, two things need to happen: (1) the rights of the biological father need to be terminated and (2) the child must be adopted by the step-parent.
In order to terminate a parent’s parental rights, you must (1) show grounds and (2) it must be in the best interests of the child. Grounds can be found by agreement (the parent gives up their parental rights) or you must prove to the judge that there is some other basis such as abandonment, abuse, failure to support, etc. “Best interests of the child” is very specific to every individual situation. All these facts must be proven to the judge.
First, a couple of preliminary questions. Is the biological father on the birth certificate, or has he taken the necessary legal steps to protect his parental rights? If the answer to this is no, then the first step is complete and you can move on to step 2. If the father must be dealt with, then press on.
To obtain the adoption there are legal requirements to show that the adopting parent is good enough of a parent to adopt. This is usually shown by getting a background criminal investigaton (BCI) report and a report from family services. Depending on the case, a judge may require that an adoption home study be performed.
Now, specifically to the case presented above, the case appears to present as an abandonment case, but it may not be necessary to prove that if the father has not preserved his parental rights. Check with a lawyer with additional factual information in order to ensure that you are taking the best way forward.
I want to have my kids dad have his rights terminated because he doesnt do anything for them now and my bohfriend wants to adopt them in their eyes he is their dad anyways
Under Utah law, a boyfriend cannot adopt his girlfriend’s child. “A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state.” Section 78B-6-117(3), Utah Code Annotated.
Under Utah law, a child and the adoptive parent must live in the same home for six months. See Section 78B-6-136.5(1), Utah Code Annotated. However, a stepparent must be married to the natural or legal parent and have lived in the same home as the child for one year before the stepparent can adopt the child. “If the adoptive parent is the spouse of the birth parent, a final decree of adoption may not be entered until the child has lived in the home of that adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.” Section 78B-6-136.5(2), Utah Code Annotated.
Under Utah law, a birth/natural parent and that parent’s paramour (boyfriend or girlfriend) will have to be married and the stepparent will have had to have lived in the same home as the child for one year for the decree of adoption to be entered by the court. So, Charity, in your case, if your boyfriend is not living with you and your children, a judge cannot let him adopt you children because they have not been living in the same home. If your boyfriend is living with you and your children, the judge cannot let your boyfriend adopt your children because, as stated in the law cited above, you are living together in a relationship that is not “a legally valid and binding marriage under the laws of this state [Utah].”
Sometimes I have been able to get around the one year rule when the birth parent and child have been living with the stepparent for more than one year but they have not been married for one year. Another option is for you and your boyfriend to file for a declaration of a common law marriage and have it declared a marriage since a certain date. You would likely need the assistance of a lawyer to help you with this option.
These are just some thoughts on the bare facts presented and do not constitute legal advice or create an attorney-client relationship.
My ex-husband has moved more than 2 hours away and rarely uses his parental time and when he does he is always at work. He is not financially able to pay child support(evne though ORS has been garnishing his wages, he does not make enought to make a full months support), child care, or medical. We have talked about the possibility of him signing over his rights but are unsure on how to go about it, if that is what he decides to do. He has seen our son a handful of times at best in the last year and, in my opinion, really has no interest in raising him. I am financially capable of raising him on my own and believe this would be the best situation for my son, rather than force him to go with someone that he barely knows and stay with him.