Legal Question in Family Law in Utah

custody

Dear Sir,

We have had two children living with us for the past two years because the mother, my husband's cousin, has hepatitis c and severe bi-polar disfunction and is in bed most of the time and is unable to care for them. The biological father of one of the children was in prison and the father of the other child has waved his parental rights. Now the father who was in prison and is a career criminal wants his child back. Splitting the two siblings and leaving the other with no place to go. We have been trying to help by raising both children for the past two years and now he is suing us for court costs, etc. while trying to divorce his wife, the mother of the two children, and gain custody of his child. Do we have any legal grounds to adopt both children, or does Utah law always place the children with the biological parents? Our court date is set for April 1, 2004, and we have 19 days left to answer the summons. We feel it would definitely be in the best interest of the children to be kept together in a loving home environment, such as ours. The father does not want the step child and would not treat him well.Is it worth the effort in fighting for the future of these two wonderful children or is it a lost cause?


Asked on 2/16/04, 10:23 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: custody

You certainly appear to be eligible for adoption of the children, especially if the mother cooperates. You must answer the complaint or you will be liable for judgment for everything the father is asking. You would be wise getting an attorney.

Utah considers a number of factors in considering adoption of children - all of which go to determine what is in the best interests of the children. The court will review these in making its decision.

Read more
Answered on 2/16/04, 9:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah