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Idaho Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.

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... Read more »

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

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.

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

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?

Kevin M Rogers
Kevin M Rogers
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...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: My daughter who is 2 hasn’t seen her mom since she was 4 months. can I file for abandonment/get her rights removed?

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.

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

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... Read more »

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Divorce and Child Custody for Idaho on
Q: Ex trying to meet any new romantic partner of mine and require my new relationship be 6 months old before introducing

Child to said romantic partner. Is this allowed?

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Can my childs mother keep my son from visiting me before court ordered custody is established in idaho

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

Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: Can a judge to refuse to look at any evidence in a custody case just because one parent is a registered sex offender?

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.

Kevin M Rogers
Kevin M Rogers
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...
Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My mom filed abandonment and neglect trying to keep my daughter from me, can I go take my daughter back

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... Read more »

Kevin M Rogers
Kevin M Rogers
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,... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: My childrens father has passed on and i need to know who i contact to step foward and get custody
Kevin M Rogers
Kevin M Rogers
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... Read more »

1 Answer | Asked in Child Custody and Divorce for Idaho on
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

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

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... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: How do you change a minors last name

My 10 year old daughter wants to change her last name to her stepfather's. Her biological father has not been in her life since she was 8 months old. We have a child support order against him but he hasnt paid in 7 years. What can I do?

Kevin M Rogers
Kevin M Rogers
answered on May 13, 2021

The fact that her father hasn't had any contact with her since she was 8 months old, DUE TO A NO CONTACT ORDER, against the father, is problematic. The fact that he hasn't paid CS in 7 years is irrelevant to your question. Idaho has a statute regarding name change. It is found in Title... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I’m trying to regain full custody what can I do besides a whole modification is there any emergency custody or ?

I’m looking for an attorney to help me with a custody modification I have had a child with me and her dad has primary custody but nobody’s able to reach him I do you have a verification from the school that she’s been with me and a paper from Health and welfare that the principal signed if I... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

If the child's father has primary custody, please answer a couple of questions so I can respond accurately:

1. Why do you / have you had the child with you?

2. Where did dad go? Why can't you get in touch with him?

If you could answer these questions, it might...
Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If cps has taken a child from me, and I'm expecting to have another child. Can cps take my 2nd child away??

What is the process to get my right back, and/or is it even possible in the state of idaho. I currently live in Oregon, my last case was in oregon.

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

If you are in Oregon, why are you worried about Idaho CPS? How would Idaho CPS even know about the birth about to occur in OR? In order to get your child back from Idaho CPS, you need to get a "case plan," and follow it to the letter. If you do, you will get your rights in Idaho back... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Does sole legal custody in Idaho allow a parent to move out of state even with joint physical custody?
Kevin M Rogers
Kevin M Rogers
answered on Feb 1, 2021

Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: My ex is trying to get 50/50 custody. I’ve always had primary custody. She’s a teen & he emotionally neglects her.

What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 3, 2021

The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.

With regards to change of custody, that is question that a court would make the final determination. There...
Read more »

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1 Answer | Asked in Child Custody for Idaho on
Q: I live in Idaho and my ex lives out of state. I am wanting to move to Utah. I have sole physical and legal custody.

He has supervised visitation but hasn't seen our child since 2017. Do I have to inform him of the move or can I just take our order and file it down there? Our order doesn't mention anything about moving.

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2021

Just to be on the safe side: I would file a Motion for Permission to move. If you move to UT without informing your ex, all you're doing is giving him ammunition that he didn't have before. Once you file your Motion for Permission to Move, and send the father a copy, what do you think... Read more »

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