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Idaho Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: I am fifteen years old, sixteen in September, and I am currently considering Emancipation in Idaho.

My father is mentally and emotionally abusive to both me and my mom, even after the divorce. He is trying to pressure me into having some form of contact, but he will only be more harmful to me, because he is not mentally stable and he is an alcoholic. At the end of my most recent contact with him,... View More

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: My brother (17) lives with my mom in Texas and wants to leave to come live with me in Idaho. Any legal affects of this?

My mom is manipulative and emotionally abusive, but nothing so serious that CPS will do anything. In Texas I know it is legal for 17 year olds to leave home, but am curious if my living in a different state would affect anything. Would he be forced to return home or could I get in legal trouble for... View More

0 Answers | Asked in Family Law for Idaho on
Q: Just found out my dad isn't who I thought. Real dad died 16 years ago. Do I have any claim to his estate?

Just was wondering if I could recover my share of inheritance from his surviving children? Probably talking over $1,000,000.

0 Answers | Asked in Domestic Violence and Family Law for Idaho on
Q: Can my kids be around my ex’s partner that has domestic violence charges ?

She lost custody and has kids around someone with battery charges and is a felon can I request they stay away from the kids during visitation

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex demand to attend doctor's appointments that are scheduled during my custodial time?

My ex and I have joint legal custody. I have primary physical custody. He is sexually assaulted me for nearly 2 decades, so I have told him I don't want to be in close physical proximity to him. Today, our daughter had an appointment, and there was a plan in place to share the information with... View More

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: I have sole legal and physical custody of my children (ex is in Idaho prison). Can I love them out of state?

My ex husband was convicted on two felony drug counts. I have sole legal and physical custody of my children. Can I move to another state?

0 Answers | Asked in Family Law for Idaho on
Q: How do I transfer guardianship of a minor from Idaho to Alaska

I have guardianship of three kids and we want to move from Idaho to Alaska to get away from the reputation their biological dad and mom made. Mother neglected the kids and father is in prison for molesting one of the children. Mother chooses not to have any contact with the kids.

0 Answers | Asked in Family Law and Adoption for Idaho on
Q: Can You Petition the Court For Adoption of a Minor Without Parental Consent in Idaho

For the past year, my wife's step sister has been caring for a 6 year old girl who's mother is a drug addict living in a drug house, biological father is incarcerated, and the man listed as the father on the birth certificate (who was married to mom when the girl was born) essentially... View More

0 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Litigation for Idaho on
Q: My wife of 38 years left me suddenly, with no means to access accounts or money, and was my caretaker as I'm elderly

My wife of 38 years left 2 months ago unexpectedly, saying she was leaving me. She returned a few days later with a trailer and hauled away the items she said she wanted. She has not returned to our family home since, and has not spoken to me. She filed a no contact order and took with her my debit... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

T. Augustus Claus
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answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Idaho on
Q: A wife cheats on husband, gets pregnant, lets husband believe he is father until he files for divorce, he get custody?

She would not have divulged info had she not been prevented from leaving the state of Idaho.

T. Augustus Claus
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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.

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

1 Answer | Asked in Contracts, Family Law and Estate Planning for Idaho on
Q: Power of Attorney Question

Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: what if I cannot produce evidence asked for in discovery

I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

1 Answer | Asked in Family Law for Idaho on
Q: What can a father do whose kids mother(narcissist) is blocking all communications between kids

Kids want to communicate with father and vise versa but mother is stopping it and making up stories to kids and to the father on why they can’t communicate for her own selfish needs. She also threatens the grandmother(dads mom) if she lets the dad talk to the kids when they are over grandmas... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Most Decrees of Custody or Decrees of Divorce, include language which addresses "alienation of affection" if not in those exact words. Some decrees talk about "communication" between the parents and children and forbid the parents from talking bad about the other parent. If... View More

1 Answer | Asked in Family Law and Adoption for Idaho on
Q: In Idaho, do you need a "Family Law Case Information Sheet" if you're adopting an adult?

The county clerk wanted me to fill out the portion where it asked for information about the minor child. I kept telling her that the adoptee is an adult and told her that the adoptee's information is on the other documents. She then crossed out the word child and then said I must fill in the... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

The Idaho Rules of Family Law Procedure have a requirement that each litigant fill out a Family Law Case Information Sheet. If you don't want to adhere to the Family Law Procedure, the Clerk will reject your filings. Pretty simple.

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: Is there a way you can add a child to an existing custody agreement?

The first and newest child have the same father.

Kevin M Rogers
Kevin M Rogers
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.

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