Get free answers to your Family Law legal questions from lawyers in your area.
I am the non-custodial parent with visitation rights, overnight weekends, and paying child support. The custodial parent, who is incarcerated for six months, has signed their rights temporarily over to the child's grandmother without my consent or involvement, despite having a 50/50 custody... View More 
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answered on Apr 13, 2025
In general, a custodial parent cannot unilaterally sign over parental rights to someone else, especially without involving the other parent or the court. While the custodial parent may have the authority to make temporary arrangements, such as allowing the child to stay with a relative, these... View More
I have a daughter with Down syndrome who will be turning 18 in a couple of years, and I'm considering pursuing full guardianship for her due to concerns about managing her financials and major life decisions. I've heard the guardianship process can be lengthy and expensive, and I'm... View More
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answered on Apr 13, 2025
To pursue guardianship for your daughter, you will need to file a petition with the probate court in your area. This process can take time, and it's important to understand that guardianship typically requires proving that your daughter is unable to make certain decisions for herself due to... View More
I am experiencing issues with my ex during communication with our 4-year-old son during visitations. My ex records these calls, puts them on speakerphone, and supervises with my son beside him, not permitting FaceTime, claiming it disrupts our son's emotional state. He enforces a time limit of... View More
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answered on Apr 13, 2025
It sounds like your ex is not following the terms of the mediation agreement, and it's important to take steps to ensure your rights and your son’s well-being are protected. Since the agreement states that communication should happen at reasonable times and durations, you can address this... View More
I am a 17-year-old in Idaho seeking to file a protection order against my legal guardian due to issues involving drugs, mental abuse, trauma, and neglect. The child has not previously sought any legal assistance or intervention regarding this situation. Can a minor like me file a protection order... View More
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answered on Apr 13, 2025
In Idaho, a 17-year-old minor can file for a protection order against a guardian, especially if the guardian is a family or household member. Idaho law allows individuals under 18 to seek protection orders for domestic violence, which includes abuse by family or household members. The court may... View More
I am a 16-year-old living with my mother in Idaho, and I am seeking emancipation due to neglect and emotional abuse. I have not yet taken steps towards emancipation, but I have a job and am looking for additional employment to support myself. I have photo evidence and witnesses to support my claims... View More
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answered on Apr 13, 2025
In Idaho, there is currently no specific law that allows for general emancipation of minors through a court process like in some other states. That means you cannot file a petition to become legally emancipated just because you are 16 and able to support yourself. However, there are still options... View More
I recently remarried, and my child will need behavioral help at an inpatient facility. I want to modify the Idaho child support order. There is an existing court order, but changes haven't been made since around 2016. My child hasn't seen the other biological parent since they were 15... View More
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answered on Apr 13, 2025
In Idaho, your new spouse’s income typically isn’t directly considered when modifying a child support order. Courts primarily focus on the income of the biological parents when evaluating support obligations. However, your household's overall financial situation, including shared expenses,... View More
CPS is unexpected visit after the child on my birth and justified to a spiteful friend with accusations. A single conversation led to the 9:00 p.m. raid they took my baby. CPS acted outside the bounds of law. The case built on accusations and character assaults. No reunification process.
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answered on Feb 8, 2025
Facing a situation where CPS has taken your child based on accusations can be overwhelming and deeply distressing. You have constitutional rights, including due process, protection from unreasonable searches and seizures, and the right to a fair trial. If CPS entered your home without a warrant,... View More
My sons father and I have a child support court order, we must switch off years to claim our son on taxes and this first year is his year. Yet he has not had a job and has specifically used this as a reason I will never be paid the support. Our son lives with me full time and rarely even has... View More
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answered on Jan 28, 2025
If your son's father is not meeting his financial obligations and your son lives with you full time, you may have grounds to claim your child on your taxes despite the alternating agreement. The IRS prioritizes residency and financial support when determining who can claim a child as a... View More
One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More
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answered on Sep 25, 2024
You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.
I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.
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answered on Jun 3, 2024
To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More
I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More
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answered on Apr 8, 2024
I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:
1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible... View More
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.
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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
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
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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... View More
She would not have divulged info had she not been prevented from leaving the state of Idaho.
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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.
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
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
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.
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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
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.
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
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
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
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
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
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
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.
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