Legal Question in Family Law in Utah

Keeping Foster Child

I've had a foster child in my family since december. Shes a wonderful happy child and has developed with us greatly. Shes going on 2 and now call us mom and dad. Her biological mother has given us consent to adopt her but now the father and the fathers mom and sister has came into the picture and the father says no, he wants to raise her or his sister or mom to raise her. They both live out of state and his sister (the foster child aunt)has completed all her work , like icpc papers and homestudy and im afraid she will be able to take the baby from us. She wishes to adopt as well. With us being foster to adopt parents do we have any rights?


Asked on 6/21/02, 10:21 am

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

Re: Keeping Foster Child

Unfortuneately you have only limited rights as a foster parent. You are under contract with the State to care for the child, but that does not give you any particular priority in the life of the child. The court will make a determination of what is in the best interests of the child, and natural parents are preferred so long as they are competent parents - and the standard of competency is not particularly high. You can object to the other adoption and attempt your own adoption. Under the Uniform Child Custody Jurisdiction Act the proper place for the court action regarding adoption is where the child has lived for the past 6 months --- not where the parents reside. You can fight the other adoption, but it would not be cheap, and there are no guarantees that you would prevail.

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Answered on 6/21/02, 12:22 pm


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