Trial Court Must Articulate a Reasonable Basis and Adequate Findings When Rejecting the Expert Conclusions

Woodward v. La Franca, 2013 UT App 147 Utah Court of Appeals Court June 13, 2013

Father filed a Petition to Modify requesting custody.  Mother engaged a therapist in an attempt to obtain evidence against Father and to confirm allegations of abuse.  When the therapist failed to provide evidence, Mother obtained a second therapist who also determined that Mother’s allegations were unfounded.  At the Rule 106 hearing, Father was awarded custody because of mother’s actions of having the child constantly interrogated and because of her coaching the child.  The court appointed a special master and a custody evaluator. Mother objected.  At the objection hearing, the therapists, special master and a custody evaluator agreed with the commissioner’s recommendation. The court, however, found that each expert was either unpersuasive and/or not credible and sustained the objection and returned custody to Mother. Father Appeals.

Court of Appeals found that the trial court must articulate a reasonable basis and adequate findings when rejecting the expert conclusions and failure to do so is an abuse of discretion.  The Court of Appeals then reviewed the testimony and criticized the trial court’s summary dismissal of important evidence of coaching and possible mental illness of Mother.

The trial court further erred when finding that because Mother is an acceptable parent, she should retain custody.  The Court pointed out that a best interest evaluation gives no preference to status quo, but must evaluate which parent is the more acceptable parent.  Because the court failed to make adequate findings as to the expert testimony, and because it improperly evaluated the best interest, this case was Reversed and Remanded.

Full opinion available at: http://www.utcourts.gov/opinions/appopin/woodward061313.pdf 

Termination of Parental Rights Must Be in Child’s Best Interests

A.A. v. State of Utah, 2011 UT App. 397, Utah Court of Appeals November 25, 2011

District Court terminated Mother’s (A.A.’s) parental rights based on Mother’s unfitness because of mental illness.  Mother appealed and argued that the termination was not in the child’s best interest.

Mother argued that Daughter does not want to be adopted.  Daughter was having visits with mother and the state argued that such visits were an impediment to Daughter being adopted.  Several adoptive homes were tested, but at the time of trial and continuing during appeal is the fact that the child has no current prospective adoptive home.  While the lack of an adoptive placement does not preclude termination, it is a relevant factor.  Mother and daughter had established a loving relationship.  While Mother could not care for her daughter, the visits with Mother had been an integral part of the setting in which Daughter had flourished.  While Mother admits she is unfit, and generally terminating an unfit parent is in the child’s best interests, this is an exception.  Reversed and Remanded.


Full Decision Available at :http://www.utcourts.gov/opinions/appopin/JV_dra112511.pdf