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Idaho Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex stop me from getting my kids for my visitation say the kids no long want to visit me?

Our kids are 12 and 9 and live in Idaho and I live in Utah. They have expressed their feelings to me over phone and I am willing to make some changes so they enjoying being in Utah with me more but they told their dd and step mom that they only want to have our visits in Idaho without their half... View More

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Landlord - Tenant for Idaho on
Q: Can you sue someone for a series of mental and emotional damages?

Rent from my parents. Now have nothing to do with them other than renting from them due incidents involving one of my children and them (3 cps reports). Since then they have made my life hell within the family, my work and as my landlords. I have proof of all of this texts, landlord letters,... 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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My son's father enrolled my son in a school without including or telling me at all and we have joint legal..what do I do
Kevin M Rogers
Kevin M Rogers
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.

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: 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.

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?

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: If I have legal guardianship over my 16 yr granddaughter am I able to let her live with her 30 yo sister out of state

Her parents both lost legal custody of her when she was 8 and I have full guardianship over her.

Kevin M Rogers
Kevin M Rogers
answered on Mar 31, 2023

Yes you can. You have every power and authority that a birth parent would have.

1 Answer | Asked in Family Law for Idaho on
Q: Im 18 in 4 months. But im trying to leave my home ASAP. Is it possible for me to leave?

I have plenty of people willing to take me in and pay for everything I need so i can focus on school. I feel there has to be a way for me to leave so I can do this. My parents keep acting like im lying to them and are forcing me to have a job while doing schoolwork. It is way too much for me and I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 1, 2023

In 4 months, you can leave and go where ever you want to go! However, under Idaho law until you’re 18 years old, you’re (lucky) still considered a “child,” and worthy of protection! Just try to be patient for four more months!

1 Answer | Asked in Divorce, Contracts and Family Law for Idaho on
Q: How Do I Get Out Of This Car Loan Situation (Divorce)?

I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: Is there an age where a child can choose to be adopted by a step parent in Idaho?

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Hi, I was just wondering if a marriage certificate supersedes a custody order

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More

1 Answer | Asked in Adoption, Civil Rights, Domestic Violence and Family Law for Idaho on
Q: If cps hasn't shown up, and if the police have ignored all reports of my friends abuse, what other options do they have?

My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More

1 Answer | Asked in Family Law and Elder Law for Idaho on
Q: If I get Guardianship/Conservatorship over my father's estate what happens to the Power of Attorney

that my father gave his live in girlfriend ?

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

It will instantly VOID the Power of Attorney he gave the GF!

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... View 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... View 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... View More

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