I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More 
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answered on Apr 8, 2024
I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:
1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible... View More
What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.
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answered on Dec 8, 2023
In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More
Kids were with their mother full time
I took the kids into my care for emergency reasons
While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped
Can I go to small claims to get my money... View More
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answered on Nov 12, 2023
Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:
- Once you filed for custody/modification of custody, you should have also immediately filed... View More
It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More
answered on Oct 13, 2023
I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More
I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.
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answered on Jul 6, 2023
Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More
Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.
answered on Jul 6, 2023
Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.... View More
I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More
answered on Jun 20, 2023
Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More
we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody. what rights does she have as a child and as a person?
answered on May 25, 2023
Your child has NO right not to see her father. The Magistrate Judge who divorced you two, awarded the father 50% custody, based on the "best interests of the child." So, I suggest that you speak to your daughter and explain to her that she see her father and talk to him about what is... View More
Kids want to communicate with father and vise versa but mother is stopping it and making up stories to kids and to the father on why they can’t communicate for her own selfish needs. She also threatens the grandmother(dads mom) if she lets the dad talk to the kids when they are over grandmas... View More
answered on May 25, 2023
Most Decrees of Custody or Decrees of Divorce, include language which addresses "alienation of affection" if not in those exact words. Some decrees talk about "communication" between the parents and children and forbid the parents from talking bad about the other parent. If... View More
I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More
answered on Mar 15, 2023
This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
answered on Jan 11, 2023
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... View More
My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More
answered on Dec 28, 2022
ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More
My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More
answered on Dec 28, 2022
You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More
Hi, I was just wondering if a marriage certificate supersedes a custody order
For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More
answered on Dec 27, 2022
The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View More
Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)
I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.
answered on Nov 25, 2022
As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... View More
Parents both ex drug addicts, dad's acholic mom's a pill user
answered on Nov 24, 2022
Here are your options:
1. Call Child Protection Services (CPS) and complain that the parents are unable to care for the child. They will conduct an investigation. Once that is complete, CPS will call the police and ask them to assist them in removing the minor from the parents’ custody.... View More
Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More
answered on Nov 24, 2022
No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should... View More
I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?
answered on Nov 2, 2022
Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,... View More
answered on Nov 2, 2022
Nope. "Legal Custody," is the right to decide when your son can get a tattoo or join the military or leave school, big decisions. Further, the Idaho appellate courts have said that you are "welcome to move, just don't take your children!" You must file and ask for... View More
He has given her power of attorney, gave her all of his bank accounts to her , and changed his Will by removing his daughter as executer and his son as co-executer. Replacing them with his girlfriend and her daughter. Now he has stopped calling and she refuses to give him any messages when we... View More
answered on Nov 2, 2022
You have the right to step in and be concerned. The problem with Powers of Attorney is that they are easily drawn and signed, by the weak and feeble. A much more stable, unalterable instrument to have when your loved ones need help, is a Guardianship / Conservatorship. Nobody is able to get a... View More
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