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Barbara L. Jouette, Attorney, P.C.
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Family law discrepancies claimed in $130M adoption lawsuit

When two parents decide to separate from one another, they are often faced with difficult decisions regarding the future care of their children. It is not uncommon for individuals to dispute important matters like custody, parental rights, adoption wishes or other similar factors. The final living arrangements are sometimes determined by state laws, which can vary — as with Texas and Utah, for example — and can sometimes lead to family law issues.

A man’s bid to gain custody of his 3-year-old son was recently rejected by a U.S. District judge. The bid started when the man learned that his child had been given up for adoption by the mother immediately following her delivery in Utah. The father claims he did not learn of the child’s birth until a week after the event had occurred. He had been working a temporary job in Texas for a portion of the woman’s pregnancy, but had apparently returned to Utah before she gave birth.

The woman had allegedly still been legally married to an estranged husband from a previous relationship when she delivered the child. Her husband was the presumed father of the child under state law, and had consented to the child’s adoption arrangements. The birth father filed a $130 million federal lawsuit claiming discrepancies in Utah’s paternity and adoption laws after his bid for custody was rejected.

When an individual is denied a parent-child relationship against their wishes, it may result in irreconcilable emotional trauma for each family member involved. If a person has reason to believe that their parental rights are being denied or that their child would be better cared for under alternate custody arrangements, they may wish to contact a family law attorney.

Source: WITN, “Dad Files $130M Lawsuit After Son In Utah Is Given Up For Adoption,” Jan. 1, 2014

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