Jane Doe and John Doe I v. John Doe, 572 P.3d 218

Jane Doe and John Doe I (stepfather) filed to terminate John Doe's (biological father's) parental rights and for John Doe I to adopt the child.
The child was born in July 2021; the parents separated shortly thereafter.
Doe was ordered to pay child support and share medical and childcare costs; visitation was at Jane's discretion after a default custody decree.
The termination petition alleged neglect, inability to discharge parental responsibilities, and that termination was in the child's best interests, but did not specifically allege abandonment.
Doe argued the mother significantly constrained his visitation and that some limitations were due to his mental health challenges and actions by Jane to prevent contact.
The magistrate court terminated Doe's rights on grounds of abandonment and inability to discharge parental responsibilities, but did not address the neglect claim; Doe appealed.

Issue	Jane/John I's Argument	Doe's Argument	Held
Finding of Abandonment	Evidence supported abandonment (limited visits, poor support payments).	Jane substantially prevented visits; delays not Doe’s fault; made support payments.	No substantial evidence of abandonment.
Failure to Discharge Parental Responsibilities	Doe’s mental health and pattern show inability to parent.	Jane controlled access; Doe’s efforts limited by health and court actions.	No substantial evidence of inability to parent.
Reliance on Mental Health as Sole Ground	N/A	Mental health alone cannot suffice for termination.	Evidence did not justify termination on this ground.
Ineffective Assistance of Counsel	No response.	Counsel gave poor advice, possibly affecting defense.	Not addressed; decision rests on lack of statutory basis.

Doe v. Doe, 148 Idaho 243 (parental termination requires substantial, competent evidence)
State v. Doe, 143 Idaho 343 (clear and convincing evidence required for termination)
Roe v. Doe, 143 Idaho 188 (defining clear and convincing evidence standard)
Tanner v. State, Dep’t of Health & Welfare, 120 Idaho 606 (best interests standard for child in termination cases)