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?

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.