Get free answers to your Child Custody legal questions from lawyers in your area.
Kids were with their mother full time
I took the kids into my care for emergency reasons
While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped
Can I go to small claims to get my money... View More
answered on Nov 12, 2023
Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:
- Once you filed for custody/modification of custody, you should have also immediately filed... View More
She would not have divulged info had she not been prevented from leaving the state of Idaho.
answered on Oct 18, 2023
In Idaho, family law matters can be complex. Infidelity and paternity issues may be considered during divorce and custody proceedings. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
The first and newest child have the same father.
answered on May 25, 2023
Yes, the Idaho Rules of Family Law Procedure have a rule which allow the parties to add new parties. A new child, born during the litigation, should fall into this category.
answered on May 25, 2023
This is a "coparenting" issue. You can communicate with the other parent via "myfamilywizard" and ask why he is not advising you, as a good coparent is supposed to do. I would suggest this app be downloaded on both phones, so that you may communicate with the father.
we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody. what rights does she have as a child and as a person?
answered on May 25, 2023
Your child has NO right not to see her father. The Magistrate Judge who divorced you two, awarded the father 50% custody, based on the "best interests of the child." So, I suggest that you speak to your daughter and explain to her that she see her father and talk to him about what is... View More
Her parents both lost legal custody of her when she was 8 and I have full guardianship over her.
answered on Mar 31, 2023
Yes you can. You have every power and authority that a birth parent would have.
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
answered on Jan 11, 2023
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... View More
Hi, I was just wondering if a marriage certificate supersedes a custody order
For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More
answered on Dec 27, 2022
The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View More
Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More
answered on Nov 24, 2022
No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should... View More
Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)
I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.
answered on Nov 25, 2022
As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... View More
She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?
answered on Nov 2, 2022
NOPE. Foul!
If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there... View More
Her mom has been in and out of jail and she doesn’t call or text only reason I know she’s not in jail is because I check her Facebook. But she has had ZERO contact since she was 4 months old. No contact no calls no money nothing.
answered on Oct 25, 2021
Idaho used to have a statute that said that a parent who fail to have normal parent/child relationship for over one year without just cause was guilty of abandonment and subject to having rights terminated. I do not know personally why that law was abandoned by the Idaho legislature but it has... View More
Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... View More
answered on Oct 1, 2021
It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... View More
Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho
answered on Sep 3, 2021
Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your... View More
Child to said romantic partner. Is this allowed?
answered on Jul 30, 2021
There are no laws governing how ling you should wait before introducing your child to new people in your life. However, judges may look at too rapid an introduction as "not good" and jydge you accordingly. There are many "factors" that judges go into when trying to make... View More
She has been refusing me visitation with our son, i moved to idaho to be near him.
We got married but she didnt turn in paperwork
answered on Jul 30, 2021
Yes she can. At this point, until you establish parental RIGHTS to your child, the ONLY thing Idaho gives you are RESPONSIBILITIES! Financial responsibilities. However, just because you're paying child support, that doesn't bestow a SINGLE RIGHT on you. To get RIGHTS to a child, you... View More
The victim of the registered offender is now married to the offender and it has been 20 years since the offender conviction. The children involved in the custody case have never been harmed by the offender.
answered on Jun 3, 2021
Short answer: no.
The custody court's decisions are appealable. If the Magistrate Judge said "on the record," that she was ignoring ALL EVIDENCE produced by your husband, then the judge's decision is likely to be overturned. On the other hand, recent court decisions... View More
I am the sole custodian of my daughter I fell ill and was unable to care for my daughter in which my mom gladly took the reins so I could recover in which we knew would be a long road to recovery, and agreed that soon as I was stable and able to bring my daughter bak home that she care for her... View More
answered on Jun 3, 2021
If you were ill and left your daughter in your mother's care while you recovered, then your mother probably bonded to your daughter, her granddaughter, while you were in Portland recovering. The ONLY thing keeping you from going to your mother's home and walking up to the door saying,... View More
answered on Jun 3, 2021
If you and your husband's children were not adopted by you, then you are in the same position as I would be, if I petitioned to be his children's guardian. You are in a very tough position and likely to hear from your husband's brothers and sisters, possibly parents, who will want... View More
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