Spokane, WA asked in Child Custody for Idaho

Q: In the state of Idaho. Is a custody petition legally binding once it’s been filed and served to the petitioner.

The petitioner is threatening to take the respondents son. The son is with the mother(respondent). He can’t do that without her consent correct?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: A "Petition" is simply you asking the court to do something. That's it. Nothing has been done by just filing a Petition for anything. If the father of the child has established "rights" in visitation and simply wants to exercise his rights, the mother should allow him to. If the father has never established legal rights to see the boy through the courts, then taking the son from the mother without her consent is a crime. Its called "child custody interference."

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