Kristopher K. Greenwood & Associates
Salt Lake City – Ogden
Kristopher K. Greenwood & Associates

Salt Lake City – Ogden

We Fight To Win

Experienced Divorce and Family Law Attorneys Serving All of Utah

Utah Supreme Court gives father chance at child custody

On Behalf of | Mar 3, 2014 | Divorce

An Iraqi war veteran found out in 2009 that he was going to be a father. Throughout his ex-girlfriend’s pregnancy, he provided her with support for her and her other children, and he looked forward to being involved in his child’s life. Toward the end of her pregnancy, the mother of his child dashed his hopes of sharing child custody when she disappeared.

He finally located the child’s mother, and through a series of court orders from another state, she finally confessed that the child was given up for adoption in Utah. The father then attempted to stop the adoption and obtain custody of his baby. His case was dismissed by a lower court based on a deadline imposed on the out-of-state father by the state’s Adoption Act.

The Utah Supreme Court ruled that the lower court’s decision was in error. In its opinion, the court indicated that a case cannot be dismissed based on the very law whose constitutionality is being questioned by the party. In the end, this ruling gives the father the chance to reassert his rights as the little girl’s father.

Reports suggest that this father will continue his child custody battle. Many fathers are in agreement with mothers that the best interests of their child would be to allow an adoption. Occasionally, however, a mother will put a child up for adoption without the father’s consent. Fathers who disagree with the mother’s decision have the right to establish their paternal rights and fight for custody of their children. A review of the laws of one’s state can be of crucial importance to the success of any such action.

Source:, Court gives dad second chance in adoption, Brooke Adams, Feb. 25, 2014


FindLaw Network