Salt Lake Provo Lawyer
The Utah Juvenile Court Act of 1996 established provides that the Juvenile Courts in the various counties of the state hold exclusive original jurisdiction over cases for the termination of parental rights.
What are the Grounds for Terminating Parental Rights?
The unfortunate truth is that there are parents who because of their actions can lose their parental rights. Grounds for terminating parental rights in Utah include abandonment, neglect, abuse, and a finding that the parent is otherwise unfit or incompetent. Termination actions are most common for parents who physically and sexually abuse their children.
There are other grounds for termination but such other grounds are very specific to the case brought and dependent upon the specific facts involved with the parent and child.
Commencing a Termination Proceeding
A termination case is commenced by the filing of a petition for termination. Such a petition can be filed by any interested party including a parent, foster parent, grandparent, step parent, etc. The petition has to include the birth dates and addresses of the parties as well as the grounds for termination.
The petition with a summons must be served on the parent whose rights are sought to be terminated.
The Termination Hearing
At least 10 days after the summons and petition is filed the court will hold a hearing on the question of termination. At that hearing the parties can call witnesses and cross-examine adverse witnesses. The parties have a right to an attorney at the hearing. The court will hear all the evidence and then if it is shown by clear and convincing evidence that grounds for termination exists the court will rule in favor of terminating rights.
Salcido Law Firm’s Attorneys Are Experienced in Termination Proceedings
At the law firm of Salcido Law Firm our attorneys bring the experience you need if you are prosecuting or defending against a termination proceeding. If you are in need of a lawyer for a termination action call us at 801.618.1331 to schedule a time to meet with one of our lawyers.
