Doe v. Doe

Date: 11-07-2025

Case Number: 53028

Judge: Jeff P. Payne

Court: District Court of the Second Judicial District, Idaho County, Idaho

Plaintiff's Attorney:

Defendant's Attorney:

Description: Grangeville, Idaho, family law lawyers represented the parties in a parental rights termination case.

In 2017, Mother and Doe had a sexual relationship which resulted in Child being born. While in jail, Mother found out that she was pregnant; Mother let Doe know he could be the father. Doe was not listed as Child's father on Child's birth certificate. Doe was incarcerated in 2018 when Child was born and was not released from prison until April 2021.

When Doe was released from prison, Child was three years old; Doe expressed an interest in being a part of Child's life. Doe arranged and paid for an at-home paternity test; the test results showed Doe is Child's father. As part of Mother and Doe's agreement for Doe to be in Child's life, Doe could not tell Child he was Child's father. Doe had about five or six contacts with Mother,

Mother's husband, and Child. There were also four or five unplanned visits in the community. Doe's last contact with Child was around February 2022.

In April 2022, Doe notified Mother that he was going to Salt Lake City for work. Doe wanted to see Child before he left. Mother refused to allow contact between Child and Doe because she believed Doe relapsed. Doe denied relapsing but testified at trial he had relapsed once. In approximately May 2022, Doe told Mother he intended to initiate a court proceeding due to Mother's refusal to allow Doe to see Child. Doe never initiated a court proceeding. Upon Doe's return from Salt Lake City, Doe did not have any in-person contact with Child.

In March 2023, Doe again was incarcerated. While in prison, Doe made Child a blanket, which Doe's mother delivered to Child in October 2023. When Doe's mother delivered the blanket to Child, Doe spoke briefly to Child in an unplanned telephone call. Beyond this contact, Doe has had no contact with Child.

Doe is currently incarcerated. Child has been living with Mother and Mother's husband since Child was one month old. Mother filed a petition for termination of Doe's parental rights and adoption of Child by Mother's husband. Doe filed a petition for paternity the following month. The magistrate court found that Doe had abandoned Child. Idaho Code § 16-2005(1)(a). The magistrate court also determined that termination is in Child's best interests. The magistrate court entered judgment terminating Doe's parental rights to Child.

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Legal issue Can a parent's rights be terminated for abandonment due to willful failure to maintain a normal parental relationship without providing financial support or regular contact in Idaho?
Headnote

FAMILY LAW. TERMINATION OF PARENTAL RIGHTS. The case involves an appeal against the termination of parental rights, where the court had to decide whether the father's failure to maintain a normal parental relationship with the child, including lack of financial support and minimal contact, constituted abandonment under Idaho Code § 16-2005(1)(a), and whether termination was in the best interests of the child.

FAMILY LAW. BURDEN OF PROOF. The court evaluated whether the magistrate court's decision to terminate parental rights was supported by clear and convincing evidence, as required by due process, focusing on abandonment and the child's best interests.

FAMILY LAW. PARENTAL ABANDONMENT. The court explored what constitutes "willfully failing to maintain a normal parental relationship" under Idaho law, assessing the father's actions and inactions, such as the failure to provide support and lack of effort to maintain contact, in establishing abandonment.
Key Phrases Termination of parental rights. Idaho Code § 16-2005. Clear and convincing evidence. Normal parental relationship. Best interests of the child.

Outcome:
Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: