Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

Was the Evidence Sufficient to Support a Termination of Appellants Parental Rights to C.G.?

0
Posted

Was the Evidence Sufficient to Support a Termination of Appellants Parental Rights to C.G.?

0

Appellant first claims the evidence was insufficient to support the termination of her parental rights to C.G. In determining whether to terminate the relationship between a parent and a child, a juvenile court must find the grounds for termination, as set forth in Utah Code Ann. 78-3a-407 (1996), by clear and convincing evidence. See In re S.R., 735 P.2d 53, 56 (Utah 1987); see also Santosky v. Kramer, 455 U.S. 745, 769, 102 S. Ct. 1388, 1403 (1982). However, on appeal “[f]indings of fact in a parental rights termination proceeding are overturned only if they are clearly erroneous.” State ex rel. E.D. v. E.J.D., 876 P.2d 397, 402 (Utah Ct. App. 1994). To challenge the sufficiency of a trial court’s findings, an appellant “‘must marshall [sic] the evidence in support of the findings and then demonstrate that despite this evidence, the [juvenile] court’s findings are so lacking in support as to be against the clear weight of the evidence.'” Id. (quoting In re J.D.M., 808 P.2d 1122, 1124

What is your question?

*Sadly, we had to bring back ads too. Hopefully more targeted.