Category: Divorce and Family Law

Gay marriage is now legal in Idaho.  Does that change how gay couples can adopt children?

Kind of.  Even at the beginning of 2014, prior to gay marriage being legal in Idaho, gay couples could adopt.  This was a statewide ruling, affecting every court in the state.  So the change in gay marriage laws didn’t alter that reality.  What the change did do, however, is make it harder for Idaho to enact a law forbidding gay couples from adopting.  Such a law would have very little chance of surviving now.  The change also made adoptions by gay couples easier.  I’ve posted earlier about the difficulty of a couple adopting when they’re not married.   A married gay couple may have an easier time adopting a child than an unmarried gay couple would.

The important thing to remember–for all couples–is this.  If you have a child with only one legal parent, what happens to that child if something were to happen to the parent?  If you’re married, and one of you has a child, you may want to consider having your spouse adopt the child.  That way, if something happens to you, the child goes to the other parent instead of, say, grandparents, or somewhere else.  A step-parent has no parental rights.  If you consider the child yours, but the child is not yours biologically, then you should consider an adoption.

Speak to a family law attorney about the possibility, as well as the benefits and downsides, of adoption.

Should I terminate my parental rights?

Allowing or agreeing to a termination of your parental rights is an important decision that should not be taken lightly.  The decision to terminate your legal relationship to your child is a permanent decision.  Once made, your are no longer legally the parent.  You no longer have any right to custody or visitation.

Typically a court in Idaho only terminates parental rights under two circumstances (although there are exceptions).  First, when a step-parent wishes to adopt and the terminating parent agrees to terminate their parental rights; and second, when there has been abandonment, abuse, or neglect and either the State of Idaho or the other parent want to terminate parental rights.

If you don’t respond to termination paperwork served on you, and you don’t show up to the hearing, you have in essence agreed to give up your parental rights.  Make sure you respond with your own filing, and make sure you show up at the hearing.

The State of Idaho–or the other parent–typically need to provide convincing evidence to the judge in order for your parental rights to be terminated without your consent.  Most of the examples I’ve seen where termination has been granted involve either a parent who is served and just doesn’t show up to the hearing or file any response, or a parent who has significant drug or alcohol addictions that they don’t overcome.  If the parental rights of both parents are terminated, foster parents care for the child, and the child is eventually put up for adoption, sometimes, if possible, with a relative.

There is one advantage to agreeing to terminate your parental rights–you won’t owe any future child support payments.  If you’re behind on child support, you’re still responsible to make missed payments–but once the child is no longer legally yours, you no longer have to pay child support for future months. 

There are of course other valid reasons to terminate your parental rights, depending on your individual circumstance.  However, it is not a decision that should be made lightly.  You should discuss the issue with individuals close to you, and also with an Idaho Family Law attorney, before you make that decision.

Some of the marriage and engagement related stories that seem to show up on the news with some frequency involve rings, and more specifically, the issue of who the ring belongs to.

The general rule is that an engagement ring is given in expectation that the engagement will turn into a marriage.  Typically, if the engagement is broken off, that ring belongs to the person who gave it.  Women who receive an engagement ring should, under the laws of most states including Idaho, give that ring back.  If the woman sells or “loses” the ring (say, she throws the ring into the Snake River) she’s responsible for reimbursing the value of the ring to her ex-fiance.

There are exceptions to this; notably, if the woman can prove that the ring was given for a reason other than the engagement.  For example, if the man texts her and tells her that the engagement ring is a “parting gift,” she may be able to keep it even if he later changes his mind.  This scenario is one where attorneys may need to get involved.

Of course, once a couple is married, that scenario changes.  The engagement has turned into a marriage, and the ring now belongs entirely to the person who received it.  In fact, because it was a gift to that individual, the ring is considered separate property, and the value of that ring will not be divided if the couple later divorces.  So, if a couple has $40,000 of assets earned during the marriage, plus his $60 wedding band and her $40,000 engagement ring, in a divorce he’ll get half of the $40,000 of community property assets and his $60 wedding band, and she’ll get half of the $40,000 community property and her $40,000 engagement ring. 

For information about stepparent adoption, go here: https://attorneytimjones.com/can-my-husband-adopt-my-child/

Can my boyfriend adopt my child?

Maybe.

Many judges in Idaho Falls and the surrounding area tend to have problems with non-spouses adopting.  Although it’s certainly possible in some situations, I generally recommend getting married first.  You’ll most likely have fewer problems with the judge, you’ll pay the adoption attorney less, and the adoption process will be quicker.

(Update 2014: an Idaho Supreme Court ruling in early 2014 makes it considerably easier for boyfriends to adopt.  I still recommend being married, if possible, but this new ruling should make the process significantly easier if you’re not married).

A surprisingly common situation:

Parents are separated and divorced, or never married.  The mother remarries.  Can the new husband adopt the child?

The answer: it depends.

This is a two-step process: first, the termination of the parental rights of the birth father; and second, adoption.

Typically, if the birth father is exercising some custody or visitation with the child, and doesn’t want to give up being the father, the new husband won’t be able to adopt.

However, if the birth father is totally out of the picture and shows no interest in the child, or if the birth father is willing to give up his parental rights, the new husband will typically be able to adopt.

Adoption, however, is a complicated area of law.  Sometimes, even if all the parties want the adoption to go forward, a judge may deny it.

Contact me, an Idaho Falls adoption attorney, at 208-206-1475 for legal help with your child’s adoption.

Sometimes a parent in the Idaho Falls area wants to terminate his or her parental rights, or the parental rights of the other parent.

It’s important to realize that, if successful, termination of parental rights results in giving up all rights and responsibilities to the child.  That means no custody or visitation rights, no child support obligations, and no inheritance right.

Even if both parents want one parent to lose parental rights, and both sign a Stipulation to that effect, a third party also has a say in the matter.  That third party is the judge.  If the judge is worried that the remaining parent would have difficulty providing for the child alone, the judge–at least in Idaho–may not allow the termination of parental rights.  A judge usually will allow it if a step parent wants to adopt, and both natural parents want the termination of parental rights to go forward.

Termination of parental rights is also a possibility when the parent has abandoned the child.