John Doe I and Jane Doe I v. John Doe and Jane Doe (2017-19)

Summary

The Idaho Supreme Court affirmed a magistrate court judgment terminating the parental rights of John Doe and Jane Doe (2017-19) to Jane Doe II. The court held that substantial, competent evidence supported findings that the parents had abandoned the child and that termination was in the child's best interest. The court awarded appellate costs to the grandparents but denied attorney fees.

Holdings

1. The magistrate court did not err in finding abandonment because substantial, competent evidence showed that the parents willfully failed to provide reasonable support for the child without just cause for more than two years. Failure to provide reasonable support without just cause, standing alone, established abandonment, so the Court did not need to address the alternative ground based on lack of personal contact.
2. The magistrate court did not err in finding that termination was in the child's best interest because substantial, competent evidence supported that conclusion.
3. The grandparents were not awarded attorney fees because their request was mentioned only in passing and was not supported by cogent argument or authority.

Questions Presented

1. Whether substantial, competent evidence supported the magistrate court's conclusion that the parents abandoned the child under Idaho Code section 16-2005.
2. Whether substantial, competent evidence supported the conclusion that termination of the parents' parental rights was in the child's best interest.
3. Whether the grandparents were entitled to attorney fees on appeal.

Disposition

affirmed