Legal Question in Family Law in Utah

Can parent place child in foster care?

My ex-husband has full custody of our 2 boys. I have visitation and see my kids every other week if not more often. The kids were not taken away from me but I thought my ex could get them better in control than I was doing. I was a single mom. Now the youngest is in therpy and they told the therpist that if he couldn't fix him that they were going to place him in foster care. I told the theripist that I didn't want that to happen and I could take him back. What legal rights do I have to fight the foster care of my second child?


Asked on 7/27/06, 1:21 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can parent place child in foster care?

Unless you lost your parental rights entirely, and assuming there is nothing in your present life which would make you an unfit mother, your rights should take priority over foster care. You should consider filing a petition to amend the divorce decree and seek custody of the child. Your ex should cooperate to keep the child out of foster care. It would appear that it is in his best interests to have the child with you rather than foster care. You should also attempt to learn all of the reasons why the counselor is recommending foster care - there may be a problem with your ex or his home.

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Answered on 7/27/06, 3:58 pm


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