Can temporary guardianship arrangements prevent abandonment findings in Utah adoption cases? M.F.K. and C.K. v. S.B. and K.B. Explained

The Utah Court of Appeals addressed a critical question in M.F.K. and C.K. v. S.B. and K.B.: whether temporary guardianship arrangements shield parents from abandonment determinations when they fail to maintain contact with their child during the guardianship period.

Background and Facts

First Parents adopted A.F.K. from China but struggled to integrate her into their home alongside newborn twins. After six months, they entered a temporary guardianship agreement with Second Parents, who ran an adoption agency. The guardianship lasted six months, but First Parents had no contact with A.F.K. for thirteen months total before expressing intent to regain custody. During this period, A.F.K. developed a primary attachment to Second Parents, who sought to adopt her.

Key Legal Issues

The central issue was whether Utah Code section 78A-6-508(1)(a) creates an exception that precludes consideration of parental conduct during temporary guardianship periods in abandonment analyses. First Parents argued that making arrangements for a child’s care under subsection (1)(a) exempts the guardianship period from abandonment calculations.

Court’s Analysis and Holding

The court of appeals concluded that while subsection (1)(a) may create an exception for temporary arrangements, courts may still consider parental actions during guardianship periods when evaluating abandonment. The court found clear and convincing evidence of abandonment under subsections (1)(b) and (1)(c), noting that First Parents failed to communicate with A.F.K. for thirteen months and showed no normal parental interest for eleven months. The court emphasized that section 78A-6-508(1) defines only “prima facie evidence of abandonment,” which parties may rebut.

Practice Implications

This decision clarifies that temporary custody arrangements do not provide blanket protection from abandonment findings. Parents must maintain meaningful contact and demonstrate continuing parental interest even during temporary placements. The ruling prevents parents from using successive temporary arrangements to avoid abandonment determinations while remaining absent from their child’s life. Courts will examine the totality of circumstances, including the original purpose of the arrangement and parental conduct throughout the period.