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Idaho Child Custody Questions & Answers
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... View 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,... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Im 15 and pregnant can my legal guardians or family members take my baby?

I live with my grandparents who are my legal guardians. My mother was abusive mentally, my family including my mother is trying to take my baby when I give birth, I live in Idaho are there any laws saying they cant take my baby?

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

No, there are NO laws which say that your family cannot take your baby. If you are under 18 yrs. old, you are considered a "child" in Idaho. If you had sex with a young man prior to becoming 18, he could be charged with a number of crimes. However, if we look beyond that now, since you... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: What can I do to respond to a verified ex parte motion for temporary orders?
Kevin M Rogers
Kevin M Rogers
answered on Nov 9, 2020

A "Motion for Temporary Orders," is difficult to achieve; there will be notice give to you of when the hearing is. You should hire legal counsel to respond to this. However, if you are unable to do so, you need to prepare for doing it yourself. File an "answer" to the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Should long distance custody agreements allow for children to miss up to two weeks of school per year for non custodial?

My husband's ex moved out of state thousands of miles away to follow her new husband in his career in the air force. We're trying to come up with a parenting plan to allow as much time for her with the kids as possible, but she's wanting the kids to miss 2 weeks of school each year... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 24, 2020

Are these consecutive or contiguous weeks? Second question, two weeks is not a terribly long time. They can also take schoolwork home and study remotely so why are you willing to spend thousands of dollars on attorneys for something simple that you should be able to work out in emails?

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.

Kevin M Rogers
Kevin M Rogers
answered on Oct 20, 2020

She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Changing over or adding a custodian for a child

My son has lived with his grandmother most of his life and she has custody of him. I have recently amended things and have been in contact with my son and grandmother. He is now 17. I have not had custody since I gave him up when he was a baby as I could not care for him. The other parent is... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 7, 2020

Your son will be an "adult" probably by the time you read this and you won't need to do anything. However, if you're aching to pay a lawyer to do something, you need only make a phone call to the grandmother and say, "hey grandma, since we have agreed to let my son come... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My ex won’t give me an address to serve him custody papers. What do I do?
Kevin M Rogers
Kevin M Rogers
answered on Aug 29, 2020

Several ways. First does ex have a lawyer? The Rules say that service on the lawyer IS service to your ex; second, if you know what state and city he lives in, your attorney can draft a motion for publication of Summons and if approved by the court, your papers will be deemed "served"... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Idaho on
Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... View More

Shawna Murray
Shawna Murray
answered on Aug 22, 2020

I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

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