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Show PA THE DAILY RECORD EIGHT OPINION NO. BYi Kay A. 2. Attorney General Adsistaht Attorney General What What mother? Robery K. McKinlsy $34,968 - Env. Dev., 403 South 5420 West, Duplex 912 $34,968 - Env. Dev., 4030 South 5520 West, Duplex 913 Security Title to Inc. $1151.21. 91I4 Security Title to Cook Inc. $135.95- - 915 916 Jim Borwn etux to Cook Inc. $103.16. Same as 115. $158.58. 988 Imperial Realty to Darrell - . legal rights are retained by $47,000 ROBERT T. BURNS owner BURNS; Pi tf 3173 property Pltf$1,104.20; -5 Utah Code Annotated (1953, as amended) provides that a person desiring to adopt a deserted child may petition the district court where the petitioner resides. The petitioner must set out the 78-30- it and agree to regularly adopt the child if the court finds a deserted child. A petitioner may adopt such child without the consent of either parent where the child is deserted by its parents or parent and has no legal guardian. The maternal grandmother, in this instance, would be required child. Desertion denotes a willful abandonment of a duty or legal obligation. The desertion o abandonment of a child is the failure to support it and an intent wholly to abandon it. State v. Clark, W. 452,' 453 (1921). 38 . 2516 755 Road Conn B this case the child has been deserted by the mother for a period of threu years. The grandmother is required by the statute to petition the court to adopt the child. If the grandmother wants legal custody, she must obtain it by adoption or by guardianship. The oral agreement with the natural mother does not meet the statutory requirements. She is required to establish a custodial relationship with the child through the courts. 55-10- (4) -77 J 897 B Bldrs. to (Supp. 1971) gives the Question 2 Analysis The legal rights of the natural mother to legal custody terminated upon the abandonment or desertion of her child. Where she fails to perform her parental obligations, these rights no longer exist. The statutes in Utah do not indicate any precise period of absence in assessing the point of desertion or abandonment. The intention to abandon and an act or omission by which such intention is carried into effect constitutes affirmative acts on the mother's part in this positive mother The or .natural abandon the to child. desert allegedly intention abused the child and declared that she did not want her. The oral The case indicate a abandonment. 3 Code by relating to Indians on reservation is governed . Indians 36 as amended) (1953, Title 63, Chapter Annotated, on reservation lands are governed by the above mentioned State statutes. Where Indians live off the reservation, subject to public assistance by the Division of Family Services. This case involves Indians living in Utah County outside the jurisdiction of the reservation. These Indians may be subjected to the regulations of the Utah State Division of Family Services if they qualify or are receiving they may be . public assistance. I 182 George A. Cook Inc. Same as 896. $33.75. 899 Same as 896. $514979. J. B. Builders to $127. 901 Same as 896. $U3U-7- 902 Same as 896. $76.86. 903 Same as 896. $1308.11. Charles E. Parkin etux ti Roofing. 380 Carl Risher to Caldwll, I48I4 American Tierra etal to Western Constracts. to 5014 Lillian N. Holse to J.H. Nichols Dryvall. Cook etux to Respectfully submitted, Inc. to John kens $1013.30. 650 Sun Coa t to Fire Control $10,670.79. 651 Sun Coast to Control $1)4,872. 75l FHM FHM - to Saltes VERNON B. Johns Mansville $6883.148. 6 We quote exact costs thru our cost data control system We build immediately Let us help you with your plans or IF YOU ARE CONSIDERING AN EXISTING HOME O Take advantage of the Gallery of Homes unique marketing concept and shop 200 homes in the convenient relaxed atmosphere of The Gallery. the rain, when Tracy Realty puts a new roof over your head. You can sing in Tracy Realty responds to every need: New plant facilities Sell and lease back Relocation " Building to vour specifications. TRACY-REALT- CO. Y Main Street SLC, Utah 84111 328-89- ROlANEY Attorney General Fire BUILD ON YOUR LOT OR OURS O O 17 INDUSTRIAiyBUSINESSRENTALCOMMERCIAuSSMES 1 - Robert I. Hains worth etux to John Gepkens $39 0.23. Cook Inc. $26,85. Gep- M. 593 Jim S. Brown etux to 151 So. ,7 to 563 Hellgate Condominium L. Hansen Co. Inc. Inc. $0)40.70. Cook Tierra etal to American $1428.52. 906 Lafe B. Brown etux to Cook Inc. $502.69. 908 Ken- Tierra etal to American 592 Syndics Jim S . Brown . Western Contract Carpets. Inc. 907 J . Horrocksetux t o Inc. $128.67. Edard Jager etux to Cook Inc. $128.67. Gary 256 I483 Jim Brown etux $158.16. Amco Cook Inc. 90I4 to Porter etux to Analysis The laws Utah Roger K. Hansen etux Cook Inc. $138.37. Western Contracts. $382.25. 898 900 J. Christsensen to Lie. $1209 .10 . 181 I483 $22.50. agreement between the natural mother and the maternal grandmother indicates the mother's intention to give up her rights to the child. The natural mother lost her parental rights by her abandonment or Question Inc. Cook Cook Gisela D. Nelson and neth .E. Smith etux. 905 Steven Roberton etux to Cook Inc. $105.89. juvenile courts jurisdiction to determine the custody of any child or appoint a guardian for abandoned and neglected children. The unifying principle of case law is that custody be so awarded as to promote the child's best interests. According to the petition for temporary custody, the child is not receiving the "necessary" parental care from the grandmother. Therefore, if your petition has sufficient factual proof to show that she is not a fit parent or guardian, then the State of Utah should be granted legal custody. desertion of the child. Grant to I4O9 $22.50. I Utah Code Annotated 180 Richards ASorensen. Inc. Cook to Cook A and does not In John Steiner etux Inc. $292.70. I8I4 Bldrs. to Cook $20lj9. 179 183 Pltf$435.33 Cycil Pease etal to Johnson Ready Mix. $366. 17. - J Inc. Cook Liens 896- parent who willfully fails to provide for the minor child furnish necessary food, clothing, shelter or medical attention for such child has deserted it according to law. Wilkerson v. State. 364 P. 2d 709 (1961). The willful failure and neglect or refusal to maintain and provide for a child may be discerned from all the circumstances and conditions involved. The parent who fails, without 'lawful excuse, to furnish "necessary" food, clothing, shelter, or medical assistance is one who does not meet the minimum standard of quality and quantity required by law. The purpose of the statute is for the protection of the neglected or deserted child. - Utah State DAVID HALL; to Robert H. Boucher etux Cook Continental Oil Co vs NORMAN J. STAPEL; Pltf $1,547.55; $27.00; 38 209122 Cook 178 66 vs Cook Robert L Ivie etux Inc. $393.U3. 210455 - to petition'the district court of Utah County to obtain legal custody of her grandchild. In making the requisite petition she would not, however, have to obtain consent of the child's mother or father. No consent is necessary from a parent who has abandoned or deserted the 148 Hinn. 389, 182 N. Tr.Co - Dept of Emp.Sec. vs CRAIG E. TUCKER vs Valley Bank & Tr. Co.garn $28.25; garn Judg 35 also $32.84; 79-7- to 177 $315.00 37 $34.70; facts to be of certain & Jim Brown etux Ryan Heaing $380. MICHAEL BEAN AND CHARLENE BEAN; Analysis Swope vs AND RUBY E. - Valley Bank 210282 vs 1 District Court - Geraldine 199999 What Question Raco Time, Judgments etux Inc. $599161 Tace Time. the natural Cook $561.51. East 4800 South, 2400 See opinion . ANSWERS i 911 $33,968 0 Env. Dev., 2983 Sout 8400 West, Suplex effect do the laws relating to Indians have on the right of the Division of Family Services to act in this matter? 3. $23,968 - Env. Dev., 4025 South 5420 West, Duplex Secuity Title, to Inc. $270,314. Duplex. are the legal rights of a grandmother to have custody of her grandchild? 1. QUESTIONS i 910 Env. Dev., 5408 West 4060 South, Lindsay, Deputy County Attorney, Vernon B. Romney, John SpfenAer Snow, Steven K. Bartlett etux to Cook Inc. $101.65. - $34,968 Utah County PREPARED BYt 909 73-0- 04 March 8, 1973 REQUESTED Liens S. L County Building Permits State of Utah Office of the Attorney General MARCH 14, 1973 WEDNESDAY, |