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Barbara L. Jouette, Attorney, P.C.
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Father faces family law issue, seeks custody of daughter

In Texas, when either married or unmarried couples choose to separate, the fate of any children that resulted from these relationships may be determined by court. Parents often disagree about significant family law matters that will affect their children, such as custody or adoption arrangements.

The Utah Supreme Court ordered that a man be provided with an opportunity to claim that a portion of the state’s adoption laws fail to take into consideration the rights he possesses as a father. A lower Utah court apparently ruled that the opportunity to contest the adoption of his daughter had passed when he had initially attempted to attain custody. The child’s mother had allegedly employed the assistance of an adoption agency to match the girl with a family after she traveled to Utah from Williamsport and gave birth.

He claims that the woman had said the child passed away before he had returned stateside, and that the baby had been male. The man was evidently away when she delivered the baby, and had served in Afghanistan for the military. The lower court judge ruled that the man had lost parental rights involving the child. The highest court in Utah uncontestably found that the judge of the lower court had erred. As a result of the Utah Supreme Court ruling, the man won the right to seek custody of his daughter.

Family law issues often involve difficult determinations about the environment in which a child is to be raised. Decisions of the court are intended to provide children with the most optimum financial and emotional support possible. If you are in the midst of a family law dispute, you may wish to contact a family law attorney for additional information.

Source: WNEP, “Update: Williamsport Man Gets New Chance at Custody of Child He’s Never Seen,” Dave Bohman, Feb. 26, 2014

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