Adoption

Most family law litigation or disputes are something that a party would rather avoid, if at all possible. Utah Adoption is the rare family law area that can be an exciting and happy time in a parties life. Pearson Law Firm can help you whether you and your spouse are looking to adopt a child in Utah, or if one of you is the biological parent of the child, and the step-parent is wishing to adopt. In the case of a step-parent adoption, the process can be simple if it is “uncontested”, contested adoptions in Utah are another story.

 

Uncontested Adoption

It can be very difficult to adopt a step-child if the other biological parent refuses to consent. Not only is there extra work involved do to the noticing requirements, but the parent can object to the adoption by filing a Motion to Intervene and an Objection. If the motion is granted then the court will treat the Utah adoption as any other law suit, and the parties will have to go through the discovery process and ultimately trial if it is not settled. If the intervening parent has a close relationship with the child, it can be very difficult, if not impossible, to push the adoption through. Courts are not quick to take parental rights away from a party that does not consent to it. It usually only happens the objecting parent has not been involved in the child’s life for an extended period of time and/or he or she is a risk to the child in some way.

If the adoptee is 12 years of age or older, he/she can file a Motion to Intervene and object to the adoption as well. An adoption can still go through if this happens, but the court would have to determine that it is in the best interest of the child, even if the child doesn’t think it is. Generally, the only other party that has a right to intervene in a Utah adoption is a court-appointed guardian. Again, a guardian would have to convince the court that the Utah adoption is not in the best interest of the child.

For more detailed information on adoption refer to the Utah Adoption Act, which can be found at Utah Code § 78B-6, Part 1.

Whether you’re looking to adopt, or trying to stop an Utah adoption from happening, your Utah adoption attorney at Pearson Law Firm can help you through the process. Contact Pearson Law Firm for a free consultation with an experienced Utah adoption attorney/divorce attorney. Call today, 801-888-0991.

 

Contested Adoption

It can be very difficult to adopt a step-child if the other biological parent refuses to consent. Not only is there extra work involved do to the noticing requirements, but the parent can object to the adoption by filing a Motion to Intervene and an Objection. If the motion is granted then the court will treat the Utah adoption as any other law suit, and the parties will have to go through the discovery process and ultimately trial if it is not settled. If the intervening parent has a close relationship with the child, it can be very difficult, if not impossible, to push the adoption through. Courts are not quick to take parental rights away from a party that does not consent to it. It usually only happens the objecting parent has not been involved in the child’s life for an extended period of time and/or he or she is a risk to the child in some way.

If the adoptee is 12 years of age or older, he/she can file a Motion to Intervene and object to the adoption as well. An adoption can still go through if this happens, but the court would have to determine that it is in the best interest of the child, even if the child doesn’t think it is. Generally, the only other party that has a right to intervene in a Utah adoption is a court-appointed guardian. Again, a guardian would have to convince the court that the Utah adoption is not in the best interest of the child.

For more detailed information on adoption refer to the Utah Adoption Act, which can be found at Utah Code § 78B-6, Part 1.

Whether you’re looking to adopt, or trying to stop an Utah adoption from happening, your Utah adoption/divorce attorney at Pearson Law Firm can help you through the process. Contact Pearson Law Firm for a free consultation with an experienced Utah adoption attorney/divorce attorney. Call today, 801-888-0991.

Call for a free consultation today: 801-888-0991


 

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Address: Pearson Law Firm, PLLC 9192 South 300 West, Suite 35 Sandy, Utah 84070