This arrangement means that each parent has sole custody of at least one of the children if there is more than one child. Custody of children by the non-custodial parent may or may not be shared according to court orders. But even if the other parent`s conduct meets one or more of the legal grounds for terminating parental rights, does that mean a Utah judge would automatically terminate their parental rights? If a judge finds that a parent is not suitable, does the parent permanently lose parental rights? What about a parent who has neglected their child? The court must determine what is in the best interests of the children when making decisions about custody and parental leave. This also applies if the parties agree. If parents agree to any form of joint custody or joint custody, they must submit a parenting plan. The court must determine that the joint custody agreement is in the best interests of the children. For more information, visit the Parenting Plans website. As in other states, the state of Utah has various forms of detention. Due to time constraints, this article focuses on sole or joint custody. Sole custody exists when one of the parents receives full custody of the child. In this type of custody, there is no time sharing with the child or other aspects that involve joint custody.
Joint custody, on the other hand, involves sharing custody of the child, whether physical, material or legal. So if you find yourself in the unfortunate scenario where your child`s other parent is negligent, abusive or otherwise inappropriate, and you are considering filing an application to terminate their parental rights, you need to keep in mind that a judge will consider whether there is a step-parent willing to adopt. or otherwise another long-term parental figure in the child`s life. In some cases, it could make a difference; In other cases, it may not matter. Every situation and problem is different, and it`s always best to consult a lawyer. The non-custodial parent usually has parental leave with the children. For more information, see the section on parental leave. The court may order any appropriate schedule for the children and parents and in the best interests of the children, using the factors of section 30-3-34 of the Utah Code and any other factor the court deems relevant.
If one or both parents are military personnel or are considering joining the armed forces, there are other considerations. See Utah Code Section 30-3-33(19). To terminate parental rights, you must (1) prove the reasons and (2) it is in the best interests of the child. Utah Code 78A-6-507 lists the grounds for forfeiture of rights as follows: If one party fails to comply with a court order, the other party may file a motion asking the court to enforce the order. The enforceable title may contain a decision on a sum due or additional parental leave. The court may also find a party in contempt of court and order the party to pay a fine or serve a term of imprisonment. Information and forms can be found on our website on the request for enforcement of the order. However, the new decision by the Utah Court of Appeals emphasized the importance of the second factor, “best interests,” which should essentially no longer be circumvented. Even if one parent is not suitable, a court could find that it is not really in the best interests of the child to legally sever the parental relationship with that parent. One reason the court might find that it is not in the best interests of the child could be that it does not find that it is “strictly necessary” for that parent`s rights to be removed. (The Court clarified that this “strictly necessary” factor is included in the “best interests” requirement and is not distinct from it.) The court does not consider that there is a conflictual relationship between a child and his or her parent without sufficient evidence.
When deciding whether to terminate a parent`s right to their child or make other related custody decisions, the court usually considers the best interests of the child before considering the convenience and concerns of the parents about the safety and well-being of the child. Parents who need help resolving parenting disputes can ask the court to appoint a parenting coordinator. The services of a coordinating parent may be ordered by the court with or without the consent of both parties. Under this program, children live with both parents. Both parents make important decisions about their children. Joint custody works best when both parents communicate well with each other. There are specific guidelines used in Utah to determine if a parent is not suitable.