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If a child is being cared for outside the parental home, has been neglected or abused, the courts may terminate parental rights. Similarly, if a parent willfully refuses or cannot provide for the child, they are likely to lose their parental rights.
A district court has jurisdiction to terminate parental rights in a child if the party that filed the petition is seeking to terminate parental rights in the child for the purpose of facilitating the adoption of the child. filed as a separate proceeding before or after a petition to adopt the child is filed.
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.
File the forms 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.
A parent can sign an affidavit of voluntary relinquishment of parental rights if the parent agrees that a court should terminate his or her parental rights to a child.
Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender.
Under such circumstances, it may be in the best interest of the child to terminate the parental rights of their irresponsible guardian. Termination of parental rights may end obligations regarding child support payments, but it will also remove your rights to shared parenting, custody, and visitation.
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.