When Can Parental Rights Be Terminated in Utah? Understanding the Law
Being a parent is a weighty responsibility. Both biological parents have legal rights and obligations toward their children. When a Utah parent fails to properly care for or protect his or her child, a judge could terminate the negligent individual’s parental rights.
Termination of parental rights is a serious matter and, in most cases, permanent. In some instances, it is in the best interest of the child to terminate the parental rights of his or her irresponsible guardian — the child’s physical and emotional safety and well-being may be at risk.
In this article, we will review the legal grounds for termination of parental rights in Utah and the consequences of such an action. Understanding what is involved in terminating parental rights and the potential impact on both parents and children can enable families and caregivers to navigate this significant and life-altering decision.
Understanding Parental Rights in Utah
Utah law recognizes that biological parents have the right, obligation, responsibility, and authority to raise and care for their children. At the same time, children have the right to protection from abuse and neglect.
If circumstances within the family pose a threat to the child’s safety, the state may take action for the welfare of the child. That said, a person does not lose parental rights simply for failing to be a model parent.
The goal is to preserve the family unit whenever possible. However, when there is clear and convincing evidence that a parent is unfit or incompetent, he or she could lose parental rights once a thorough judicial process has been completed.
Grounds for Terminating Parental Rights in Utah
A parent can choose to relinquish his or her parental rights and responsibilities voluntarily. The parent must submit a form to the relevant court providing the reason for the termination.
It should be noted that voluntary termination of parental rights is not automatically granted — the court will ultimately decide based on the best interest of the child. An individual’s parental rights may also be terminated involuntarily.
In Utah, grounds for involuntary termination of parental rights include such things as:
- Child abuse: This encompasses emotional, physical, or sexual abuse — including non-accidental, purposeful, or threatened harm to the child.
- Child abandonment: If a parent intentionally ceases to maintain physical custody of the child, failing to visit or keep in contact with the child — the law views this as abandoning the parent-child relationship.
- Neglect: Intentionally failing to provide housing, food, clothing, medical care, and other necessary things counts as parental neglect.
- Unfitness and incompetence: A parent’s rights can be terminated if he or she is found to be incompetent, unfit to provide for the child’s needs due to mental illness or disability, drug or alcohol abuse, or routinely fails to meet his or her parental responsibilities.
- Lack of effort: A parent who only puts in a token effort to be involved in his or her child’s life could face losing parental rights. Rarely visiting or communicating with the child or falling significantly behind on child-support payments could result in the courts taking this drastic measure.
It is not uncommon for a judge to terminate the parental rights of one parent while leaving the legal rights of the other parent intact. When both parents lose their parental rights, the court will likely place the child with a willing family friend or relative — or, in some cases, the child will be placed with a foster parent.
The termination of parental rights is generally an emotionally fraught process for everyone involved. An experienced and empathetic family law attorney can advise you on the best course of action and advocate in court on your behalf.
The Consequences of Terminating Parental Rights in Utah
The termination of parental rights has lasting and far-reaching consequences. Once parental rights are terminated, the parent no longer has obligations to the child in question.
Losing parental rights means losing the parent-child relationship as follows:
- The parent has absolutely no say in the child’s upbringing
- The parent has no right to contact or speak to the child
- The parent loses all visitation rights
- The parent has no right to deny the adoption of the child
Understandably, Utah takes the termination of parental rights very seriously. Parental rights proceedings in family court are not a simple process. The state does its due diligence, and clear and compelling evidence must be presented to establish that the parent is unable to provide effective parental care for the foreseeable future.
Additionally, all parties should understand that when an individual loses parental rights in Utah, he or she is no longer obligated to provide financial support for the child.
Restoration of Parental Rights in Utah
Once parental rights are terminated, it is extremely difficult to reinstate them. However, a former parent who remedies the circumstances that resulted in the termination of his or her parental rights and who is capable of exercising proper and effective parental care can petition for parental rights to be restored.
In an effort to reinstate parental rights, an individual will likely face significant legal hurdles. It is in your best interest and that of your child to work with a qualified family law lawyer when attempting to restore parental rights or win child custody.
Contact Brown Family Law for the Help Your Family Deserves
The laws involving the termination of parental rights are complex, and the stakes are high. When a child’s parent fails to live up to his or her parental obligations, the lifelong impact on the family can be staggering. Whether you are the parent seeking to terminate the other parent’s rights or you are the parent in danger of losing your parental rights, you need sound divorce advice.
The empathetic legal team at Brown Family Law is here to help you and your children through this difficult time. When it comes to parental rights, we understand that there is a great deal you have on the line. Our family law lawyers are familiar with Utah laws governing parental rights and are adept at putting them to work on behalf of our clients.
With years of experience behind us, our family law attorneys can help you achieve the best outcome for your children. Please reach out to Brown Family Law for the assistance you need. Call 801-685-9999 or use our online contact form to schedule a consultation. When parental rights are in question, you need a family law firm you can trust.
