AMERICAN FORK An American Fork couple isn't sure what they will do now that an Idaho judge has ruled the birth father of their adopted baby son Harvey will have temporary primary custody of the infant.
The birth father, Matt Tenneson, 20, of Coeur d'Alene, could be picking up the baby from adoptive parents Jed and Cally Nielson within just a few days. The Nielsons have been raising Harvey since his birth in June.
"We're absolutely devastated," said Cally Nielson, 24, of American Fork.
She was in tears as she spoke in a phone interview with the Deseret Morning News from her home on Tuesday afternoon.
Kootenai County District Court Judge Barry E. Watson ruled Tuesday that Tenneson would have temporary primary custody while the birth mother, Cammie Knight, 19, of Coeur d'Alene, would have some visitation, such as when Tenneson is at work. He is employed by Hollywood Video in Coeur d'Alene.
LDS Family Services has filed an appeal regarding an Idaho judge's earlier ruling in favor of the birth father's rights. But for now, baby Harvey will remain with Tenneson.
"My heart is breaking," Cally Nielson said. "I'm scared for my little boy. How can anyone do this to a child?"
Nielson said she and her husband Jed, 26, are talking to their attorney about what steps to take. She said they don't have plans to sue LDS Family Services.
She said they they have spent $25,000 so far on legal fees in hiring attorneys in both Idaho and Utah.
The Utah couple adopted Harvey in June. A couple of weeks later Tenneson contested the adoption.
When attempts were made to contact him at his home number Tuesday, Tenneson's mother said the family is not commenting on the case.
Cammie Knight, the birth mother, in a phone interview from Coeur d'Alene, said she was in a state of shock and disbelief after the judge's ruling Tuesday.
Knight said the judge stated during his ruling that Tenneson was receiving primary custody because Knight's parents are hostile toward Tenneson.
According to Tuesday's court transcripts, Watson said, "It seems Matthew is amenable to learning to be a father. My heart goes out to the Nielsons. Hopefully, (the custody transfer) is done in the least traumatic way."
Knight says she believes Tenneson's mother is the driving force behind the birth father's battle for the baby and that the new grandmother will be the one mainly caring for the baby.
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