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Questions Answered by Kevin M Rogers
1 Answer | Asked in Family Law, Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
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1 Answer | Asked in Animal / Dog Law for Idaho on
Q: i’m thinking about pressing charges on my ex for animal cruelty and killing my puppy, what do i need to so this

there were multiple occasions where she was in his care and she got severely injured.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Cruelty to animals WAS a crime in Idaho, until the wealthy farmers and ranchers in Idaho prevailed upon the Idaho Legislature, which acquiesced, lost their moral compass and agreed to repeal the state law. Now, the only thing you prosecute under is the City Code against cruelty to animals. Boise... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: My ex is trying to get 50/50 custody. I’ve always had primary custody. She’s a teen & he emotionally neglects her.

What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: In idaho, if there is an order for a change of venue and the case has been assigned to a new judge, can that be reversed
Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: I need to find out if I qualify for an annulment.

We got married in August, and turned abusive. I know have a restraining order on him for domestic violence and stalking. So is there a way to annul it or no?

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

Idaho has an Annulment law. Either party to the marriage may annul the marriage for any of the following reasons:

1. Under 18 when married;

2. Did not receive parent or guardian's permission if under 18 when married;

3. Bigamy;

4. Unsound mind. Unless you...
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1 Answer | Asked in Real Estate Law for Idaho on
Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 12, 2021

Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... Read more »

1 Answer | Asked in Adoption for Idaho on
Q: I have legal permanent gaurdianship of my son. He wants me to adopt him. what steps do i take

Can his biological parents stop it from happening

Kevin M Rogers
Kevin M Rogers answered on Jan 4, 2021

Do I understand your question correctly? Did the bio parents lose custody? You refer to him as your "son?" Is he your legal or bio "son?" If we assume that he is your "legal son" and that you have "legal, permanent guardianship" of him and would like to... Read more »

1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled over for non working break light, but they work and were on during stop.

Said reason for traffic stop was bad tail light. Searched my vehicle and arrested me for possession. Police officer lied. My break/tail lights weren't out. They work just as they should. Can I get my possession case dismissed on ground for unlawful traffic stop?

Kevin M Rogers
Kevin M Rogers answered on Jan 3, 2021

Your questions raise more questions. What time of the day? Night? was the stop? Were you driving in a "bad neighborhood?" Was a drug dog used? From the time your car got turned off after the stop, how long did it take the drug dog to get there?

If NO dog was used, try to...
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1 Answer | Asked in Divorce for Idaho on
Q: I live in Idaho, spouse is in our home in Oregon. Can I use an Idaho lawyer for a divorce?

I need a tough lawyer that won't enable him to take it all and leave me with nothing. My husband is a tough negotiator and will give you a run for your (my) money. :) We began our marriage 23+ years ago and had zero debt when we wed. I want every single cent I am entitled to. I put in just as... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 3, 2021

Personal jurisdiction for divorce and post divorce is unique in Idaho. Typically you would sue the defendant where he/she lives, but in Idaho it's reversed. As long as YOU can establish personal jurisdiction in Idaho, then it wouldn't make any difference where the real property is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 3, 2021

You're got a tough choice to make. You've now got her in your custody, so why worry about it? Because of her age, even if in-laws want to take her back it is UNlikely that they would want to take her back if she if adamant about living with you? Teenagers TEND to be able to live where... Read more »

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1 Answer | Asked in Child Custody for Idaho on
Q: I live in Idaho and my ex lives out of state. I am wanting to move to Utah. I have sole physical and legal custody.

He has supervised visitation but hasn't seen our child since 2017. Do I have to inform him of the move or can I just take our order and file it down there? Our order doesn't mention anything about moving.

Kevin M Rogers
Kevin M Rogers answered on Jan 2, 2021

Just to be on the safe side: I would file a Motion for Permission to move. If you move to UT without informing your ex, all you're doing is giving him ammunition that he didn't have before. Once you file your Motion for Permission to Move, and send the father a copy, what do you think... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: When do stipulations become binding?

Stipulation was filed November of 2018. Among other things, stipulation agreed that one parent would not claim the children on their taxes in even years. The stipulation became a decree when signed on Feb 4th, 2019. However parent claimed minor children on their taxes stating that it did not go... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 30, 2020

Stipulations are "agreements." Agreements can be ruined by:

1. Arguing against it in open court;

2. Failing to draft and file a proposed DECREE or ORDER consistent with the Stipulation; and,

3. Acting against it.

If the party claimed the children in 2019...
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1 Answer | Asked in Probate for Idaho on
Q: If probate was not started can a petition be made to remove executor?

I am daughter to decedent step dad is executor and want him removed as such moms personal property has been sold and not recorded through probate

Kevin M Rogers
Kevin M Rogers answered on Dec 29, 2020

If Probate hasn't been started, YOU can start it. File a Petition to be Appointed, then you can send a letter to step dad demanding that he return property he sold or pay the value of property he sold back to the "estate"

1 Answer | Asked in Probate for Idaho on
Q: Surviving spouse personal represenative has sold numerous possessions not recorded through probate can he be removed?

Personal represenative surviving spouse has sold numerous personal property items never recorded in probate

Kevin M Rogers
Kevin M Rogers answered on Dec 29, 2020

Yes. What you are alleging is "malfeasance" and subjects the PR to removal. Make sure and get your ducks in a row before asking a judge to remove a PR.

1 Answer | Asked in Real Estate Law for Idaho on
Q: I bought land in Idaho, part of an HOA. The president resigned and there is no board. What legal options do I have?

The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 29, 2020

Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho on
Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 16, 2020

I completely agree.

1 Answer | Asked in Divorce for Idaho on
Q: signed a quitclaim deed when I got divorced. Ex had 2 years to refinance the home. she has not yet. what are my options?

When my ex and I got divorced, I signed a quitclaim deed on the home and gave her everything. In the judgement for divorce, it states that she shall refinance the property within 2 years. We are approaching the 2 year mark and she has not refinanced. What legal options do I have?

Kevin M Rogers
Kevin M Rogers answered on Dec 16, 2020

I would send her an email and ask what the problem is and why she hasn't refinanced the property yet? When she answers you, listen to what she says carefully. "Contempt" is the "willful violation of a court order." If she has tried and her credit shows that she has, yet... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?
Kevin M Rogers
Kevin M Rogers answered on Dec 16, 2020

Idaho is a community property state. If appliances were purchased during the marriage then "YES," you're entitled to 1/2 the money received. However, if appliances purchased during the marriage are sold after the divorce was filed, then the sale itself may be in violation of the... Read more »

2 Answers | Asked in Bankruptcy for Idaho on
Q: I lost my job due to medical, my husband is a transplant recipient on disability. If we file cptr 7, can we gift vehicle

We have titles on vehicles that belong to our boys. Because of the loss of my job and only my husband's disability as income, we may have to file chapter 7 due to his medical bills we can no longer pay on and evidently we owe federal and Idaho taxes. The titles on the vehicles need to be... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 17, 2020

Yes you can. I'm sorry to hear about your circumstances! My heart goes out to you.

If you both file Chapter 7, then each of you may claim a vehicle. These vehicles can be signed over to you and you should do that before you file bankruptcy, so as to avoid the Trustee's...
Read more »

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