Legal Question in Family Law in Utah

Cousin wants custody for best interest of children

My ex-wife and I have two children age 9 & 8. my ex is also incarcerated for 6m. for meth use. My ex had signed over all rights of our 8yr. to her mother(grandma) and shortly after the 9 yr. wanted to live Grandma too, we thought seperating them would cause emtional stress being as these kids have moved around alot due to there mothers habit.Since my ex's incarceration, the kids have lived with a cousin that saw the kids on a daily basis and have since then gone under mental treatment, for emotional abuse ( the kids were told there mother and i were dead and never cared). they are now getting in reg. routine and started a new school. i would hate to move them again to my house, i think they would have a fall back. I pay my child support and have always paid it. my question to you is this, for the best interest of the kids can i dissolve all my paternal rights and more or less have there cousin who is stable , adopt the kids? i called Dept. of recovery services and they said there is a way in the court system but how do we go about it? any help would be great, my children have been through alot and are finally recovering.

thank you for your time.


Asked on 3/10/06, 7:54 pm

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

Re: Cousin wants custody for best interest of children

I assume there is some logical reason you are not involved in the lives of your children. Absent some behavior on your part that would make you an unfit parent, you should have a significant role in their lives. It is curious that you would want to completely abandon your rights and responsibilities and allow someone else to raise your children. However, if such reasons exist, the cousin can apply for temporary or permanent custody of the children. She is the one to initiate that action - assuming she is competent to raise the children.

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Answered on 3/11/06, 1:46 pm


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