Legal Question in Family Law in Utah

Parental Rights Termination and Stepparent Adoption

I am wondering about my options given my current situation. I married my husband in Oct 2004. His first wife gave him full physical custody and told the attorney ''if he wants the responsibility of raising her, he can have it''. She left in July 2004 with a weeks notice to my husband that she was flying to TN to stay. She has not been back in the state since that time. She has not paid any child support. The only contact that she keeps is 2 phone calls per week which we have to fight with our daugter to get her on the phone to talk with her mom. She was court ordered to undergo a psych evaluation after the divorce which she has failed to do. We recieved the information from my husbands ex brother-in-law that in Oct of 04 she stold her boyfriends fathers prescription drugs and attemopted suicide. The list goes on and on of the troubles faced with my husbands former wife. I am looking to pursue step parent adoption. My husband and I face the ongoing emotional tole that his ex wife takes on our daughter. She has extreme nightmares and emotional days after speaking with her mom. We are wondering what our options might be and if we have any grounds for terminating her parental rights and visitation (if she ever decided to take any)Thanks


Asked on 9/01/05, 10:11 pm

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

Re: Parental Rights Termination and Stepparent Adoption

Under these facts you will have no problem in obtaining a step parent adoption. Note: do not force the child to speak to her birth mother. Make her available and tell her that she is wanted on the phone, but forcing the conversation makes you the bad person. Talk to the mother and tell her that if she signs a waiver to the step parent adoption that you will waive her child support obligation in the adoption (child support can only be waived by a judge). You may want to tell her also that she can continue to maintain contact with the child. If she has these problems, she will not be able to stay in contact very long.

You should have assistance of an attorney for this procedure.

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Answered on 9/02/05, 10:58 am


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