In Utah parents have a “fundamental liberty interest in the care, custody, and management of their child.”
There are several ways that the State or private individuals can legally seek to interfere with your rights as a parent.
The State of Utah may file a child welfare petition alleging abuse or neglect. A private individual may file a petition seeking custody, visitation, or termination of your parental rights. Cases may be filed in the Juvenile Court or the District Court. Petitions filed against your parental rights are serious and can have lasting, even permanent effects on your ability to be a parent to your children.
The law involving parental rights and child welfare actions is complex. If an action has been filed against you or if you are involved in an investigation with Child Protective Services or DCFS, please contact our office to discuss representation options.
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An action to terminate parental rights can be brought by the State of Utah or by any individual that has an interest in the welfare of a child. Termination actions can proceed in either juvenile or district court. Because the welfare of a child is at issue, a Guardian ad Litem will always be appointed to represent the child’s interest in the court proceedings.