PROVO Baby Harvey will stay in Utah with his potential adoptive parents, Jed and Cally Nielson, of American Fork at least for now.
During a hearing Friday afternoon, 4th District Court Judge James Taylor declined to enforce an Idaho court order that would have placed the baby with the birth father in Idaho.
"It's a huge relief," said Cally Nielson, 24.
"But it's not over with yet," said Jed Nielson, 26.
More court hearings are to be scheduled.
In court, the Nielsons' attorney, Larry Jenkins, said he believed the judge should refuse to confirm the Idaho custody order and leave custody of baby Harvey with the Neilsons for two reasons: First, the Idaho court lacked jurisdiction over the baby; and second, the Nielsons weren't served notice of the Idaho proceedings or allowed to participate.
Taylor ruled as he did because neither the Nielsons nor the adoption agency they used, LDS Family Services, were notified of the court proceedings in Idaho, nor were they allowed to participate.
However, regarding the jurisdiction issue, Taylor said he will have to come back to that. "That is a decision I will have to make," he said.
The judge said he intends to take evidence and make an informed decision.Neither the birth father, Matt Tenneson, 20, of Coeur d'Alene, nor the birth mother, Cammie Knight, 19, of Coeur d'Alene, attended Friday's hearing in Provo.
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