In the matter of the adoption of Baby Boy J, a minorAnnotate this Case
In the matter of the adoption
of Baby Boy J, a minor.
(Not For Official Publication)
Case No. 990674-CA
F I L E D
October 25, 2001 2001 UT App 312 -----
Third District, Salt Lake
The Honorable Homer F. Wilkinson
J. Bruce Savage, Park City, for Appellant
Les F. England, Park City, for Appellee
Before Judges Bench, Davis, and Orme.
It is clear that several of the trial court's legal conclusions are wide of the mark given the evidence in this case. However, as we have often stated, a decision terminating parental rights will be affirmed if even one of the statutory grounds is demonstrated. See, e.g., In re S.L., 1999 UT App 390,¶32, 995 P.2d 17, cert. denied, 4 P.3d 1289 (Utah 2000).
The trial court's conclusion of parental unfitness and incompetence is supported by a number of its factual findings, including findings 6, 8, 9, and 17. Given the advantaged position of the trial court to judge the credibility of witnesses and weigh the evidence before it, see Bruner v. Carver, 920 P.2d 1153, 1158 (Utah 1996), we cannot say that the findings are clearly erroneous. See In re R.A.J., 1999 UT App 329,¶13, 991 P.2d 1118.
Gregory K. Orme, Judge -----
Russell W. Bench, Judge
James Z. Davis, Judge