Seattle, WA asked in Adoption and Child Custody for Idaho

Q: Can you adopt a child without the parents consent if you've been raising the child for years and the mother only visits?

My husband has been raising his ex- girlfriends daughter since she was 3 she is now 10 and the mother left her and their child together with him about 3 years ago and only would visit them occasionally and now lives out of state and pretty much just calls them- we are wondering what we can do and what our rights are

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: To answer the first question, "Yes" you CAN adopt a child . . . without the parent's consent.

Here's the catch: NOTHING your husband or you have done for their daughter in the intervening 7 years has given you ANY PARENTAL RIGHTS. During the past 7 years you COULD HAVE:

1. Petitioned the Court to become the child's guardian and/or conservator;

2. Petitioned the Idaho Department of Health and Welfare to open a file to garnish the wages of "mom" and "dad" to help offset the money you've been required to pay out to raise this little girl.

SO, now what you need to do is get an attorney and file a 1) Petition to Terminate mom and dad's parental rights; and 2) Petition for Adoption.

I would be remiss if I didn't warn you that ALTHOUGH the "so-called parents" of this child haven't acted like parents, if they were asked and called to account for their "non-action," I'm sure they would have LOTS of "reasons or excuses." Those "excuses," if you wait very long to file these papers could result, if you're NOT lucky, in some Magistrate feeling bad for these bio parents and giving them a chance to reunite with their daughter. So, the old adage "don't let grass grow under your feet" is a truism. Don't wait to do this until the parents "meet god" or have another epiphany because you'll have a REAL FIGHT on your hands then!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.