Fruitland, ID asked in Family Law, Adoption, Child Custody and Child Support for Idaho

Q: My Fiance wants to give up rights to 4 of his 6 children but wants to adopt my 5 year old. Will he still be able to?

4 out of 6 of his children he doesn't have any contact with nor will they allow him any contact. 2 of them live out of state and the other 2 live 45 minutes away. He also wants to adopt my 5 year old when we get married due to him being the only "Dad" she has ever known.

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: That's a really good question. Adoption is not a misterial act by a judge. It requires a Petition for adoption and the Magistrate WILL examine the Petition, which includes all kinds of information and the question probably will come up at some point: why would you want to adopt someone else's children but refuse to support and love your own? Moreover, a natural parent is legally unable to voluntarily give up the support of his natural children unless there is a new man in the picture willing to adopt his children and therefore make himself legally and financially responsible as though he had always been the natural parent. Still the question, "why not try to establish contact with your fiance's minor children? It seems like you need to know a bit more about the man you're marrying. If he started a family in a different state, got his rights cut back and then moved to Idaho to "start fresh," he simply is not going to be able to start fresh, no such thing where children are involved. The state he came from will come after him for back child support, whether he sees or has any contact with them. He is legally responsible for ALL of his children, legally and financially. IF he should ever be able to adopt your 5 year old, how will he support you and the child with an existing H U G E child support order now registered in Idaho, withholding from his every check?

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