Legal Question in Family Law in Utah

Re: Relative seeking custody

Without any prior orders concerning the child, you will have to pursue the adoption in UT. I urge you to contact an attorney in UT with experience in adoptions. The situation you describe is somewhat complex, but can be managed by someone with experience.

Re: Relative seeking custody

You might be able to adopt the child in Utah by contacting social servises and asking for a kinship adoption. Generally you have to be a resident of Utah to adopt privately. Does the father live in Texas or Utah. Is he still in jail? Where are the mothers family? have they tried to get the child? Your rother probably already has a paternity judgment if he is paying support but if not he can file a paternity action in Utah to determine that he is a parent. He then would have the right to consent to the adoption by you out of state. You would probably need the cooperation of the mother also. Its much more difficult now that the state has custody because of the abuse. You will need their cooperation.

John A. Giffen

(800) 955-9504

Re: Relative seeking custody

Under the Uniform Child Custody and Jurisdiction Act you will have to file in Utah. Since Social Services has custody of the child, you will have to begin with them. If you need additional assistance contact Utah Legal Services in SLC, Ogden or Provo, which ever is closer to the location of the child. Good luck. Call if you need additional assistance. You are to be commended for your compassion for the child.