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Questions Answered by Kevin M Rogers
1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If cps has taken a child from me, and I'm expecting to have another child. Can cps take my 2nd child away??

What is the process to get my right back, and/or is it even possible in the state of idaho. I currently live in Oregon, my last case was in oregon.

Kevin M Rogers
Kevin M Rogers answered on Apr 9, 2021

If you are in Oregon, why are you worried about Idaho CPS? How would Idaho CPS even know about the birth about to occur in OR? In order to get your child back from Idaho CPS, you need to get a "case plan," and follow it to the letter. If you do, you will get your rights in Idaho back... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I have bought a motorcycle from a dealer and they don’t have the title.

I have bought a motorcycle from a dealer June 2020 I financed this. I have paid this off March 21 and called my bank they can’t find the title. I called the DMV and they stated that it’s in the first owners name from 2018. This was odd as it was financed by a bank in North Carolina but yet they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 9, 2021

The dealer is unscrupulous and should give you your money back. They lost the title or hadn't received it when they sold it to you. Idaho gives the owner of the bike 30 days to get the Title to the new owner. Your options now are: begin litigation against the dealer, you will win. Or, go... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I’m trying to regain full custody what can I do besides a whole modification is there any emergency custody or ?

I’m looking for an attorney to help me with a custody modification I have had a child with me and her dad has primary custody but nobody’s able to reach him I do you have a verification from the school that she’s been with me and a paper from Health and welfare that the principal signed if I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 9, 2021

If the child's father has primary custody, please answer a couple of questions so I can respond accurately:

1. Why do you / have you had the child with you?

2. Where did dad go? Why can't you get in touch with him?

If you could answer these questions, it might...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I prove I lied to police about ex putting his hands on my neck???

Next morning I called police to say I lied, they came out, listened & spoke to him on phone, said they wanted to confirm what I said. Told him he could come get some clothes, then they arrested him. I went & spoke to prosecutors & detectives, I am willing to go to jail, I lied & I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2021

You can do an Affidavit telling the truth about the lie you told. Sign your name and above your name, write these words:

"I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct."

Mail this to the...
Read more »

1 Answer | Asked in Contracts for Idaho on
Q: What if a bondsman sells the collateral even though payments were being made or that you were not informed of his intent
Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2021

Look at the contract between yourselves. Really read it closely. If the bondsman sells collateral even though your payments were current, it is either in the contract giving them the right to do this, . . . or it is a breach of contract and you will have a cause of action against them.

1 Answer | Asked in Divorce for Idaho on
Q: I was divorced 5 years ago, now I have a judgment for garnishment on a bill my ex husband was ordered to pay.
Kevin M Rogers
Kevin M Rogers answered on Mar 4, 2021

You may have the right to hold your ex-husband in "CONTEMPT," for refusing to abide a Court Order for him to pay bills that were assigned to him by the Court. However, the creditor was obviously NOT apart of your agreement with your ex-husband or a party to your divorce, so when the... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it ok for a bank to take and keep money without my knowledge or consent?

I owed money but we had an agreement for monthly payments,

that I have kept. They took my stimulous

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

Was your agreement in writing? If they "tapped" your bank account, it sounds an awful lot like they have a money judgment against you and they are using their rights to "attach" bank accounts and anything else you have that isn't "exempt." Exemptions are found... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Does my ex get to tell me that my fiancé cannot watch my kids? That he right to watch them is revoked?

In our agreement it says that “work related child care” is decided upon both parties. Does this mean that we both have to agree or that we can decide on our own childcare during our own weeks? We have 50:50. My ex told me that she trusts my fiancé and that she is good to watch our kids.... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 22, 2021

Parents often get in fights like this and I always tell them that they're welcome to change what they want and as long as they're getting along but if "push comes to shove," then the "default" is ALWAYS going to be to follow the last order to the "Tee."

1 Answer | Asked in Criminal Law and Social Security for Idaho on
Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... Read more »

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

From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... Read more »

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Can I sue a homeowner for Breach Of Contract, and loss of income.

After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 9, 2021

Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Does sole legal custody in Idaho allow a parent to move out of state even with joint physical custody?
Kevin M Rogers
Kevin M Rogers answered on Feb 1, 2021

Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge... Read more »

1 Answer | Asked in Adoption for Idaho on
Q: I was adopted at 2 days old and have not yet met my biological father. How can I find him if i dont know where to look?

My birthdate is October 3, 1997. I was born in La Habra, CA. None of my biological family remember his name. I would love to meet him and get to know him.

Kevin M Rogers
Kevin M Rogers answered on Feb 1, 2021

This is a very difficult task. If your adoption was "closed," as many states are, then you will probably want to reach out on social media with photos of yourself. You can also subscribe to a genealogy site and put "feelers" out. People who have been adopted will help you.... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?

Also, my last name has changed (I recently married) and my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: how do i get the return of out of state service form?

i have a case and the judicial needs me to file the return of out of state service, however i have filled affidavit of service form which is available through court assistance office. The return of out of state service form is not available there. How do i proceed?

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

You don't need a special form; it doesn't matter in which state this person was served. All you need to do is get ahold of the individual who personally served the person and prepare an Affidavit of Service, just like you got from the Court Assistance Office for the Process Server and... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Can you be charged with and arrested for grand theft of a vehicle licensed and titled to you?" In Idaho
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

Shouldn't be able to be arrested for "theft," as long as the vehicle is titled in your name. There must be more facts to this story?

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: If the police have a hold on the vehicle for evidence who pays for the storage fees?
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

You do, my friend.

1 Answer | Asked in 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...
Read more »

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 »

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