AMERICAN FORK — As Christmas draws near and an American Fork couple prepare to celebrate with their adopted baby, allegations are surfacing against the birth father, who is suing for custody.

Court and police documents state birth father Matt Tenneson, 20, of Coeur d'Alene, Idaho, was charged with theft and has been investigated for allegations of nonforcible statutory rape.

In an interview Friday with the Deseret Morning News, Tenneson declined to comment on those issues, as advised by his attorney.

LDS Family Services, which handled the adoption, is filing an appeal to try to reverse Idaho Magistrate Robert Burton's ruling that Tenneson has some parental rights.

Idaho Magistrate Barry E. Watson later ruled Tenneson would have temporary primary custody of the baby while Birth mother Cammie Knight would have some visitation.

Knight, 19, of Coeur d'Alene, along with adoptive parents Jed and Cally Nielson, 24 and 26, of American Fork, say they are puzzled by the two rulings since Tenneson didn't declare his paternal rights before the required date.

The Nielsons' attorney received a letter from Tenneson's attorney last weekend, asking the couple to give the baby to Tenneson. But the Nielsons say they are not going to just hand over 5-month-old baby Harvey.

Cally Nielson's father, Flint Stephens, of Highland, says the family has purchased Christmas presents for the baby and they plan to celebrate the holiday together. If the baby went to Idaho for Christmas, "we'd be devastated," Stephens said.

Tenneson said Friday he is the one who is devastated since he won't have his son home with him for Christmas. "I am sad I haven't had him from the start," he added.

Tenneson said he has purchased Christmas gifts of toys, clothes and blankets for his son. "I thought I would have him long before Christmas," he said.

The Nielsons aren't happy to hear baby Harvey could be sent to Tenneson, especially in light of the allegations that have surfaced in the past few months during the court proceedings.

Kootenai County District Court clerks verified Tenneson was charged with misdemeanor petty theft in 2006.

According to an incident report from the Coeur d'Alene police, Tenneson was investigated for allegations of nonforcible statutory rape. The incident, reported Oct. 24, allegedly occurred between Jan. 28 and Feb. 5 with a 16-year-old girl, the report states.

According to Coeur d'Alene police reports, Tenneson stated during a police interview regarding the allegations that he and the girl "smoked approximately two bowls of marijuana in addition to drinking wine."

The police officer in the report stated: "Matt told me he and (the girl) had sexual intercourse. Matt told me he gave her a ride home after having sex."