Legal Opinion

In Re J. Children

Utah Supreme Court

Decided April 28, 1983No. 18189PublishedCited by 12 opinions

1Opinion of the Court

OAKS, Justice:

Appellant’s parental rights were terminated for abandonment. U.C.A., 1953, § 78-3a-48(l)(b). On appeal, she challenges only the sufficiency of evidence for that decision. 1

Abandonment can only result from inaction or a course of conduct for which the parent is personally responsible. 2 The leading definition of abandonment for purposes of termination of parental rights is the following from Summers Children v. Wulffenstein, Utah, 560 P.2d 331, 334 (1977):

Whether or not there has been an abandonment within the meaning of the statute is to be determined objectively, taking into…

2Cases cited6 opinions

  1. Utah Department of Administrative Services v. Public Service CommissionUtah Supreme Court · 1983
  2. In Re Parental Rights of CastilloUtah Supreme Court · 1981
  3. Robertson v. HutchisonUtah Supreme Court · 1977
  4. Adoption of McKinstray v. McKinstrayUtah Supreme Court · 1981
  5. Hall v. AndersonUtah Supreme Court · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. PenaUtah Supreme Court · 1994
  2. Wells v. Children's Aid Soc. of UtahUtah Supreme Court · 1984
  3. State in Interest of JRT v. TimperlyCourt of Appeals of Utah · 1988
  4. In the Interest of J.C.O. v. AndersonUtah Supreme Court · 1987
  5. R.E. v. B.B.Utah Supreme Court · 2011

7 more not listed; retrieve them via the Exa API.

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