Utah Lawyer Stephen Howard
Call Utah Family Law Divorce Attorney
Call Utah Divorce and Family Law Attorney
Call 801-449-1409 to see what the right attorney can do for you.
Family Law Solutions Start HereSM
Utah Family Law Attorney Stephen Howard

Family Law Solutions Start HereSM
Utah Adoption Attorneys Salt Lake Weber DavisUtah Divorce Attorney Salt Lake Weber DavisUtah Guardianship Attorney Salt Lake Weber DavisUtah Estate Planning Attorneys Salt Lake Davis WeberUtah Family Law Attorney Salt Lake Davis WeberUtah Paternity Attorney Salt Lake Davis WeberUtah Child Custody Attorney Salt Lake Weber DavisUtah Child Support Attorney Salt Lake Weber Davis

Utah Adoption Law - Best Interest of the Child

Davis County Step-Parent Adoption LawyerWhether the adoption involves a step-parent, a single parent, or a traditional adoption, Utah adoption law requires that the court hearing the adoption petiton consider the best interest of the child (adoptee). Utah Code 78B-6-102 requires that the child's best interest "shall govern and be of foremost concern in the court's determination." In determining the best interest of the child, the court is requred to make specific findings of fact, based on information available to the court on issues of the "health, safety, and welfare" of the child as well as the "moral climate of the prospective adoptive placement."

In uncontested adoptions, a determination of what is in the best interest of the child may be mostly a formality. But in cases (though they are somewhat rare) where multiple parties have petitioned to adopt the same child (often relatives from two different sides of the family), the question of what is in the child's best interest may be hotly contested.

In general, the court hearing the adoption case has broad discretion in determining the "best interest" of the child. But the Utah Legislature has weighed in directly on the issue of cohabitation by a prospective adoptive parent. The legislature has made special "legislative findings" which essentially override the court's discretion, determining that it is "not in a child's best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage [under Utah law]." While there are other rules relating to adoptions by a single person, the cohabiting rule is the only outright prohibition. Absent a successful constitutional challenge or a change in the statute, this legislative prohibition is binding on the courts.

Finding a Utah Adoption Attorney

We are pleased to offer adoption-related legal services to clients in Davis, Weber, and Salt Lake counties, and throughout Utah. Contact us now to see how the right adoption attorney can help you.

Best Rating
Make a Payment to Your Account
Contact a Lawyer
** All fields are required. **
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

Estate Planning Attorney Wills & Trusts Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve. Contact us today to start the process of setting up a personalized estate plan.

Estate Planning »
Criminal Defense Lawyer UtahCriminal Defense - A criminal conviction can carry serious consequences. If you are facing criminal prosecution in Utah, the assistance of an experienced criminal defense attorney can give you the best chance of raising a successful defense. Stephen Howard has years of experience successfully defending serious criminal charges ranging from capital murder to DUI. Contact us today to see what the right attorney can do for you.

Criminal Defense »
Utah Family Law Attorney Family Law - The legal issues involved in Utah family law cases are some of the most important and personal issues you may ever face. Whether you are facing divorce, trying to obtain guardianship for a loved one, making plans to adopt, addressing child custody, support, alimony, or other legal matters relating to your family, choosing the right attorney to help you is a critical decision. Contact us to get the help you need.

Family Law »
Injury and Accident Attorney in Utah Accidents & Injuries - An accident can severly affect your ability to work, your ability to care for and support your family. Injuries can leave you with life-long pain and disabilities. If you have been seriously injured or have been in an accident that was not your fault, you need an attorney who can help ensure that your rights are protected and that you receive compensation you are entitled to. Call now for an initial consultation.

Accidents & Injuries »
Home | Utah Legal Resources | Faq | Utah Estate Planning | Utah Criminal Defense | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.

Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials or information in this site does not create an attorney-client relationship. Read Full Disclaimer.