Asked in Family Law and Child Custody for Idaho

Q: I'm only seeing my son twice a week. I want what's best for my son with out the drama with my x girl. Where do I start?

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

A: If you were never married, you don't want to go near her and your child until you have a court order, if you and she are on the "outs" as far as talking things over are concerned. That's a quick way to invite her to call the police and allege that you did something, anything, which will land you in jail for your efforts. You need to get a lawyer and file what amounts to a "divorce" for people who have a child and were never married, called a "Petition for Paternity." This Petition says, "I'm not just a sperm donor, I am a DAD and want to be a DAD!" The Court will treat you then almost like you had been married and will take your petition and her's and see if you two can work out a visitation schedule yourselves or if they need to assign you a "mediator," to help you figure it out. As soon as you file it the Idaho Department of Health and Welfare will open a file and begin assigning you to pay child support. Don't EVER miss a payment and don't get bitter and NOT pay it, even though she's not allowing you to see your child currently. . . she will let you. She MUST LET YOU, and she CANNOT KEEP YOU from seeing your child if you truly want to be a DAD and not just a sperm donor.

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