What Is Considered Abandonment Of A Child In Boise?

The State of Idaho takes child abandonment and other threats to a child’s health and welfare very seriously. Such child treatment could be grounds for involuntary termination of parental rights. If a parent loses their rights, they are no longer legally considered the child’s parent and will have no rights to custody or visitation.

Some parents look to file a petition to involuntarily terminate rights on the grounds of abandonment if the other parent has been absent from a child’s life for an extended period of time, with no contact or support. Other common situations include if a step-parent wants to adopt a child, and as such, the other parent’s rights would need to be terminated, or if a mother wants to place a child up for adoption and the father is absent.

Whether you are looking to file for a termination of parental rights on the grounds of child abandonment or you are being accused of abandoning your child and face losing your rights, you will need an experienced family law attorney by your side in your case.

The experienced family law attorneys at Idaho Divorce Law Firm are highly skilled in fighting for and against the termination of parental rights and understand the intricacies of child abandonment law in Idaho. Our lawyers will use this knowledge and experience to develop a strong strategy to support your case and secure an outcome in your child’s best interests. To discuss how we could help you and your family, call Idaho Divorce Law Firm at 208-314-3302 to book your consultation.

Idaho Law On Child Abandonment

The Idaho Child Protective Act (CPA) was established to protect children from inadequate care, harm, neglect, or abuse. However, the act also outlines that with regard to the termination of parental rights, the purpose of the CPA is to preserve the family unit where possible. As such, compelling evidence is required to terminate a parent’s rights.

Child abandonment is defined in Idaho’s termination of parental rights statute as a parent who has ‘wilfully failed to maintain a normal parental relationship including, but not limited to, reasonable support or regular personal contact. If a parent fails to maintain this relationship without a justifiable reason for a period of 1 year or more, this shall ‘constitute prima facie evidence of child abandonment’.

If eligible, parents can cite child abandonment as justification for the termination of a parent’s rights to that child. What constitutes justifiable cause to not maintain a normal parental relationship is often a source of debate during these cases, and can be the area that attorneys dispute in parental rights termination cases.

Consequences of Child Abandonment

The main consequence of child abandonment in Idaho is that it can be used as grounds for termination of parental rights in legal proceedings. This could be in a motion filed by one parent against the other or filed by the state against parents.

A termination of parental rights will mean that the parent loses both physical custody and legal custody of their child or children, alongside other consequences. The child would then be eligible for adoption by a step-parent, for example.

What Is The Termination of Parental Rights?

In Idaho, parental rights can be terminated either voluntarily or involuntarily in court. The state may seek to terminate one or both parents’ rights involuntarily, or one parent may file to terminate the other’s rights. Depending on the nature of the case, a child may also be appointed a guardian ad litem to advocate for their best interests during the proceedings.

Child abandonment is a common justification cited as grounds to terminate parental rights, often in situations of an absent parent who has not seen or provided for their child for at least 1 year. A parent’s rights may also be involuntarily terminated in situations including when it is in the best interests of both the child and parent or if the child has suffered neglect.

Under Idaho law, child neglect is defined as a child who is:

• Without proper parental care, control, subsistence, medical or other care necessary for their well-being due to the conduct of their parents or guardian.
• Without proper education due to parental failure.
• Placed for care or adoption in violation of the law.
• Who’s parents or guardians are unable to discharge their parental responsibility, and as such, the child is without the parental care necessary for their safety, health, and well-being.

Other grounds for the involuntary termination of parental rights in the State of Idaho include the following:

• Parental drug abuse
• Parental alcohol abuse
• Child abuse, including sexual abuse and physical abuse
• Failing to attend the termination of parental rights hearing

If the parental rights of both parents are terminated, the child will be placed in foster care or for adoption.

Rights could also be terminated because a parent is unable to discharge parental responsibilities, to support the child’s physical health, development, and physical and emotional well-being. Such inability may be apparent in parents suffering from a severe disability, such as a mental injury or illness, or physical impairment.

If your rights as a parent are terminated, you will not be entitled to custody or visitation of the child, and you will no longer legally be considered their parent. You will also have no legal responsibility to support the child.

Voluntary Termination of Parental Rights

Once a petition to terminate a parent’s rights has been filed, the parent has an opportunity to voluntarily consent to the termination of their rights before a hearing commences. A parent may consent to a termination of their rights if they want to minimize the stress of court proceedings on the child and family. A common situation where this might occur is when a step-parent wishes to adopt the child and the birth-parent consents to this.

Voluntary termination can be beneficial because it negates the need for lengthy and costly court hearings and reduces the emotional stress on the child in question. To ensure you are protected, all negotiations, including in cases of voluntary termination, should be done alongside reputable legal advice to ensure you reach the outcome that is in your child’s best interests.

Who Can File For A Termination of Parental Rights?

The most common situation of a termination of parental rights is when one parent files to terminate the other parent’s rights. There are several reasons a parent may choose to take this approach, but often this happens when a parent has been absent from their child’s life for an extended period of time and has provided no support. The parent may also file if they believe the other parent is a bad influence in their child’s life, and incapable of providing proper parental care.

In other situations, the state may file for termination of the parent’s rights as a result of a criminal investigation or if child protective services believe it is in the child’s best interests. In this situation, a child may be placed in foster care or adopted.

Can I Lose My Parental Rights If I Am Incarcerated?

Idaho child protective law does list incarceration as potential grounds for the involuntary termination of parental rights. Specifically, the termination of rights may be permitted where a parent has been in prison and is likely to remain incarcerated for a substantial length of time while the child is a minor. The court must also determine that a termination of parental rights would be in the child’s best interests in the specific circumstances.

Depending on the crime that leads to incarceration, the termination of rights may be mandatory. If the parent has been convicted of murder or intentionally killed the child’s other parent, this is grounds for termination. Similarly, if the parent committed, aided, conspired, or solicited the murder or voluntary manslaughter of another child. Involvement in an offense including battery that caused serious bodily injury to a child, is also grounds for involuntary termination of parental rights.

Any conviction of a crime involving sexual conduct or sexual exploitation harming children could also justify the termination of parental rights.

Can You Appeal A Termination Of Parental Rights?

If your parental rights have been legally terminated, you are entitled to appeal this decision through the Idaho courts. To appeal the court’s decision, you must file a Notice to Appeal with the Clerk of the District Court within 14 days of the date that the initial termination order was issued. If you do not file within these 14 days, your appeal may be dismissed by the court. Following the initial filing, the appeal process has several strict deadlines to file briefs and reply to the court’s responses. If any of these deadlines are missed, this could hinder the appeal process.

The filing of appeal paperwork does not stay the termination, and planning for the child under the belief of terminated parent’s rights can continue until the appeal is successful. An appeal will only be approved by the court if it is supported by compelling and substantial evidence.

The Idaho courts will not overturn a termination of parental rights easily, and a sound argument must be presented for a successful appeal. A child’s stability is of the utmost importance to the court, and further changes in decisions can disrupt this. For the best possible chance of successfully appealing a termination of parental rights, seek legal representation from an experienced attorney who will advocate fiercely for you in the courtroom.

Idaho Divorce Law Firm Child Abandonment Attorneys

If you are looking to fight the termination of your rights, it is essential that you fully engage with the legal process and seek reputable legal counsel. If you do not respond to a filing within the deadline or fail to attend a hearing, you could lose your parental rights without having your say and a chance to fight.

Consultation and Case Evaluation

Idaho Divorce Law Firm offers a consultation and case evaluation to anyone entering into legal proceedings around parental rights termination and child abandonment.

Whether trying to prove or disprove abandonment, you will need a comprehensive body of evidence and a compelling argument to secure a successful outcome. During your consultation, you can discuss your case with an experienced family law attorney who can advise you on the best strategy that is likely to secure a result in your favor.

Contact A Child Abandonment Lawyer Today!

If you are facing accusations of child abandonment or trying to prove child abandonment, you will likely have a battle on your hands in the courtroom. Idaho Divorce Law Firm experienced attorneys will advocate aggressively for you in your case and go above and beyond to either protect your parental rights or prove that your ex has abandoned your child.

Schedule your consultation today by contacting our legal team at 208-314-3302.