When can appellate courts overturn termination of parental rights decisions?
Appellate courts must defer to juvenile courts’ best interest determinations in termination cases unless they are against the clear weight of evidence.
Appellate courts must defer to juvenile courts’ best interest determinations in termination cases unless they are against the clear weight of evidence.
The Court of Appeals affirmed termination of parental rights despite expert testimony about transracial adoption concerns, emphasizing that courts may weigh expert testimony against other evidence in making individualized best interest determinations.
This case clarifies that juvenile courts may consider case-specific stability and permanency concerns when comparing adoption to permanent guardianship in termination proceedings.
The Utah Supreme Court clarified that even when legal issues remain unsettled, counsel’s performance is measured by objective reasonableness under the circumstances rather than categorical rules.
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including: