Legal Question in Family Law in Idaho
Adoption by stepfather
My daughter (11) wishes her stepdad to adopt her. I have sole legal and physical custody. Her father lives in Alaska. Rebecca does not wish to go back after an ill-fated visit last summer. I have sent a motion on her behalf with our signatures attached to the court in Alaska which handled the dissolution and custody. They advised going through Idaho Court. She has lived with her father and I for 6.5 years and has lived with her stepfather and me for 4 years. What paperwork do I have to prepare? Would a motion to the local county courthouse with all documentation thus far be appropriate?
Thank you for your time!
1 Answer from Attorneys
Re: Adoption by stepfather
Under the UCCJA (Uniform Child Custody Jurisdiction Act) you have the right to file in Idaho courts if the child has resided in Idaho for at least 6 months. However, you must file to terminate the father's parental rights before you can adopt. Usually these are filed together and he would have to come to Idaho to fight the termination or he could file a written consent for that.
I give a free half hour consulatation in my office for these types of cases and my teleph # is 208-345-3817.
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