Meridian, ID asked in Child Custody and Divorce for Idaho

Q: My wife got arrested out of the State of Idaho for trafficking. Is there emergency divorce help to protect me and kid?

She is out on Bond in Glenwood Springs CO

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

A: The UCCJA "uniform child custody jurisdiction act," says that a child's "home state" is where the child has lived for the six (6) months immediately preceding the filing (of the divorce etc.) that you're talking about. So, first question, where has the child lived for the preceding 6 months? If it's CO, then file a Divorce in CO. As far as an "emergency divorce," there is nothing like that in Idaho. Let's assume Idaho is the child's "home state," and you want custody of the child, in Idaho? Then you would file a a Petition for Divorce and Custody in Idaho, asking the Court to grant you the "immediate, sole legal and physical custody" of the child. Good luck to you!

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