Full question:
My minor grand-son's mother has petitioned my son to have his parental rights terminated so her husband can adopt him. My son has had very little contact with his son from the age of two, partly because the son's mother has made it as difficult as possible and because my son has had mental health issues. He also has not voluntarily payed support but support has been garnished. I realize this probably constitutes abandonment and so my question is, does my son have a leg to stand on? He does not want to allow the adoption for several reasons. Also I, the child's grandmother have been involved in the child's life as much as the mother will allow me and I am afraid if my son does allow this termination of his rights I will no longer be able to see my grandson whom I love dearly. I have been told that grandparents have no rights in Idaho. My son would like to begin paying child support and having visitation with his son again.We are low income and cannot afford a lawyer so is there anything we can do?
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: Idaho
Answer:
I cannot predict the outcome of your son's situation. The court will decide whether to terminate parental rights based on the concept of abandonment and other factors. In Idaho, there are no strict guidelines for defining abandonment, and mental health issues can also be grounds for termination. The primary concern for the court is the best interests of the child, which is a subjective determination based on the specific circumstances.
In Idaho, grandparents may be granted visitation rights if it's in the child's best interest, but adoption typically ends all grandparent visitation rights. According to Idaho law (Idaho Code § 16-2005), a court may terminate parental rights if it finds that it's in the child's best interest and if certain conditions exist, such as abandonment or inability to fulfill parental responsibilities.
If your son wishes to start paying child support and regain visitation, he should consider taking legal action. However, since you mentioned financial constraints, it may be beneficial to seek legal assistance through local legal aid organizations that can provide help at low or no cost. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.