Utah Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights

State:
Multi-State
Control #:
US-00874BG
Format:
Word; 
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Description

This form is a pleading that may be used when preparing a petition to declare a child free from a parent's custody and control on the grounds of abandonment.

How to fill out Petition To Declare Child Free From Parent's Custody And Control For Abandonment - Release Of Parental Rights?

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FAQ

(a) "Residual parental rights and duties" means those rights and duties remaining with the parent after legal custody or guardianship, or both, have been vested in another person or agency, including: (i) the responsibility for support; (ii) the right to consent to adoption; (iii) the right to determine the child's ...

Ing to Utah child custody laws, an unfit parent is one who fails to provide proper care, support, and guidance for his or her child. A parent is also unfit if he/she neglects or abuses the child or has substance abuse disorder.

If you are a custodial parent, you cannot deny visitation rights to the non-custodial parent if there is a custody agreement or custody order in place. You must comply with the court order or agreement regardless of whether you want to do so or not.

Ing to Utah child custody laws, an unfit parent is one who fails to provide proper care, support, and guidance for his or her child. A parent is also unfit if he/she neglects or abuses the child or has substance abuse disorder.

If a juvenile court already has jurisdiction over the child, file the Petition to Terminate Parental Rights upon Voluntary Relinquishment in that court. Otherwise, file the Petition in the county in which you reside. You will have to pay a fee when you file the forms.

Precedent also exists in case law for proving abandonment if a parent fails to contact or maintain a relationship with their children for more than six months.

Abandonment is presumed if a parent goes 6 months or more without communicating or visiting with his/her child. In contested cases courts generally look to letters, e-mail, cell phone logs, text messages, calendars, and other records to determine if abandonment has taken place.

Under Utah Code 76-5-109, child abandonment is defined as a parent or legal guardian with custody of a child (a person under age 18), leaving the child for 30 days or longer.

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Utah Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights