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Utah Adoption Questions & Answers
1 Answer | Asked in Adoption for Utah on
Q: adoption

I am a lawful permanent resident and my son is not my husband's biological son, I would like for my husband to adopt my son here in the US, I have the legal custody of my son is that possible, without the biological father consent ?

Jason F. Barnes
Jason F. Barnes
answered on Jun 12, 2017

Your question, although seemingly simple, is very complicated and requires a lot more facts and analysis. If you would like, I would be happy to speak with you by phone if you would like to call my assistant and schedule up a phone consultation, or you can come and meet with me. The consult... View More

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will my son have to pay back any medicaid/welfare payments owed to Utah if his son is adopted by his stepdad

The government just took his income tax return to pay back child support but he wants to know if he will still have to pay back the state of Utah for any welfare received by his sons mom for him. He is literally kept in poverty with all the child support he has to pay. He can not even afford to pay... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 31, 2017

if your son cannot reasonably afford the support, he should seek a modification of child support (presumably in Utah). Adoption does not normally transfer liability to others, but comingling ownership of assets (this can include tax returns listed as a dependent) can be levied for support payments.

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1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: Due to health issues now i have joint custody with my parents how do I give them full? Do I have to go to court? Utah

Father of child in jail no custodial rights. In jail in another state for abuse of child and attempt murder of mother. Never married

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

This is a very difficult question that is very fact specific. You need to seek the advice of a lawyer to discuss the particular facts of your situation, as it may not be necessary or in you or your child's best interest for you to have your parents have "full custody" in order for... View More

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will it be easy to have my husband adopt my kids?

I have 3 kids from 2 different father's. My teenage daughters are from a dad who doesn't pay child support and lives in Kansas. He has not had any communication with them for 5 years since he got remarried. And my son who is 8, his father is incarcerated. Does my situation require a... View More

Brian K Jackson
Brian K Jackson
answered on Nov 21, 2016

There are a lot of hoops you have to jump through with adoption and need the right paperwork. You first have to terminate the rights of the father and then you have to go through the procedure and requirements necessary to qualify for an adoption.

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2 Answers | Asked in Adoption for Utah on
Q: How do I adopt my former step-son (Kevin), who is now an adult?

We both consent to the adoption, but there are two issues that could create challenges:

1. Kevin's mother and I are divorced.

2. Kevin and I live in separate states. He lives in Utah, I live in Florida.

My questions:

1. Do I need consent from birth parents?... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You could file in either state. Since he is an adult, you wouldn't need consent from the parents unless the parents still have guardianship of him. Adult adoptions are tricky and the judge will most likely want a decent explanation as to the reasoning.

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1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... View More

Paul Waldron
Paul Waldron
answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... View More

1 Answer | Asked in Adoption for Utah on
Q: My husband and I have been asked by his first cousin to adopt her baby that is due in April. She lives in another state.

The child will most likely have special needs (because of his mother's drug addiction) as well. What steps do we need to take before we fly to Hawaii to pick up the baby? While we are there, we are only able to stay for about a week. What action needs to take place while we are in Hawaii?

Jason F. Barnes
Jason F. Barnes
answered on May 19, 2016

I realize that this has already happened, but for future viewers, you most likely have to comply with the ICPC laws and obtain ICPC approval from both states' compact administrators. Private direct placement adoptions are very complex and require an attorney who knows what he/she is doing in... View More

1 Answer | Asked in Adoption for Utah on
Q: Do I have to have a lawyer to find my birthparents if it's a closed adoption?
Jason F. Barnes
Jason F. Barnes
answered on Jan 14, 2013

The short answer to your question is no, you can represent yourself in any legal matter. However, the question you should have asked is, can an attorney help me find my birthparents if it was a closed adoption? The answer is, probably not.

1 Answer | Asked in Adoption for Utah on
Q: Step child adopt in utah, biodad been absent since pregnancy and not on birth certificate. Do we still need his consent?
Jason F. Barnes
Jason F. Barnes
answered on Nov 7, 2012

The answer to this question is highly dependent upon several facts. I am an adoption attorney. If your interested, you may contact me at my office and I would be happy to speak with you via a phone appointment. 801-546-3874.

1 Answer | Asked in Adoption for Utah on
Q: Does a 13 year old in a Step Parent adoption have to go to court? The bio father has signed off.
Jason F. Barnes
Jason F. Barnes
answered on Nov 7, 2012

Yes, unless the Court waives the requirement. See U.C.A. Section 78B-6-136.

1 Answer | Asked in Adoption for Utah on
Q: In Utah, how do I adopt my wife's 3-year-old who has been under my care for 2 yrs? Biological father has done nothing since child was 6-months-old

My wife and I have been married for 1 year and 6 months. She and her ex-husband had a child, but got divorced.

They separated when their daughter was maybe 6 months-old.

I have been providing for the child ever since. We got married after she was divorced.

I am in the... View More

Jason F. Barnes
Jason F. Barnes
answered on Nov 8, 2012

The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

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