Married Father Has To Wait In Utah Adoption Case

Credit to Adopted Ones who caught this right away.  The Utah Supreme Court put a hold on the transfer of custody in the disputed adoption case involving Terry Achane that I’ve been following.   Though this is obviously incredibly difficult for Achane and the other people closely involved, it’s a bit early to make too much of it.   If the Utah Supreme Court wants to take a look at the case–even a quick look–I’d expect them to put everything (like changes of custody) on hold for at least a short time.

If the Court thinks there’s any real issue here I would expect it to continue the stay while it reviews things.  If it doesn’t, it could dissolve the stay in a day or two.  No way to tell yet, I don’t think.

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3 responses to “Married Father Has To Wait In Utah Adoption Case

  1. what exactly is the legal procedure here? how is that different from a stay, which was denied?

    • I think it’s a temporary stay while the Utah SC court decides if there’s enough of a case to grant a permanent stay until they can hear the case and make a final decision.

    • And as we now know, after thinking a little bit, the Utah Supreme Court denied a stay pending appeal and so the custody transfer will go forward. The Utah Supreme Court will also proceed to review the case on its merits. The fact that they allowed the switch in custody now suggests (to me at least) that the court is inclined to think that is the right result. If it was likely to reverse they wouldn’t bounce the child around. But there’s no precedent–just a bit like reading tea leaves, though perhaps slightly more reliable than that.

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