Legal Question in Family Law in Utah

Real brief..I was 17 when I had my son, never married nor lived with the paternal father who at the time was 19. Father left me for another woman in another state, and occasionally pays court ordered child support. My son has never spent the night at his paternal fathers house, never talked to him on the phone, ect. The paternal father does have my number and I have proof he never calls to check on my son or ask how he is doing. My question is what is considered "abandonment" in the State of Utah in the eyes of a judge. I have been with a wonderful man since my son was 3, whom he calls dad and would like to adopt him. Only issue is I called the paternal father and asked him if that was ok and he expressed how wrong it was however he never takes the child or has wanted anything to do with my son. Yes, we have a paternity test stating he is dad. I know this could get ugly but why waste time on someone who obviously has no time for my son, when my son has a perfectly capable man by his side already.


Asked on 9/21/10, 3:15 pm

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

If the birth father has not taken any interest in the child for 6 months or more, he can be deemed to have abandoned the child. Your husband can adopt the child. I have handled a number of these cases and can help, You are welcome to call for a free consultation.

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Answered on 9/26/10, 9:00 pm


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