Biological father given custody of tot

Despite being incarcerated and not paying child support, the Utah Supreme Court has ruled a single biological father has custody rights to his son, superior to a couple who were seeking to adopt the child after the biological mother put the boy up for adoption.

In a ruling issued Friday, the state's high court determined that Raymond Barnes had legal standing as the child's biological father to seek physical custody. The court also reversed a prior juvenile court ruling, granting Barnes visitation but physical custody to the adoptive couple, and ordered the child immediately turned over to the father.

Court records state that while 18 months old, the boy was put up for adoption by his biological mother. The child was placed with a Utah couple, who then petitioned for adoption, which included seeking the relinquishment of parental rights by Barnes. Barnes contested the adoption and sought full custody of his son. However, Barnes had been incarcerated for most of the child's 18-month life. The court also noted that Barnes did not make child support payments.

Barnes argued that although he did not make cash payments for child support, he did purchase items for the child, such as clothing, food, diapers and toys. The boy also lived for four months with the father before his incarceration.

A judge found the father's efforts to provide for his son gave him legal standing but granted physical custody of the child to the adoptive couple with visitation rights to Barnes.

On appeal to the Supreme Court, the adoptive couple sought to terminate Barnes' visitation rights, while in a second petition, Barnes sought full custody.

In its ruling Friday, the Supreme Court found that Barnes, as a presumed fit biological parent, not only has legal standing to claim custody, but has such a right "superior" to the adoptive couple.

"This is a difficult and painful case for all. However, the law is clear, and the policy of the law as set by the Legislature is clear," the high court said.

The justices have instructed the juvenile court to arrange for the boy's return to his biological father "with all due haste."

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