Get free answers to your Family Law legal questions from lawyers in your area.
He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Mar 20, 2022
Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... View More
My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Mar 14, 2022
Well, is sounds like you're asking this, correct me if I'm wrong:
Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?
If your... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Mar 14, 2022
Most attorneys are reticent to simply "help" someone prepare a "Response to Petition."
Why? Several reasons:
1. He will do much more work in helping you, then you feel like paying him for;
2. You will feel comfortable calling him several times,... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Feb 17, 2022
The short answer is YES.
There are several exemptions, credits and deductions in the tax code. The Idaho Child Support Guidelines, which are found in the new, Idaho Rules of Family Law Procedure, are confusing to say the least on this. Here are some points to consider:
1. The... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Dec 27, 2021
Does the Stimulus Program dictate that only mother's with minor children at home will receive any money? I could be mistaken, and have been many times, but I don't think Congress created that program for ONLY single mothers, with minor children at home. Are you sure you're not... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Oct 12, 2021
There is no Idaho criminal law prohibiting an adult female from sharing a bedroom with a family member.
My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Oct 12, 2021
You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days,... View More
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... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Aug 2, 2021
Yes. Idaho has no statute of limitations for collecting child support. Suspending your DL is a Legislative creation. Chapter 12, Title 32. The limitation of 5 yrs. where did you get that? I have made a rather cursory check of the limitations of certain actions in Idaho, and unfortunately, I... View More
My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jul 6, 2021
The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:
1. Petition for Termination. This petition says, the bio father has not acted... View More
I was the closest person to this child. He has a bedroom in my home and spent 5 days a week with me. I have never been arrested and have a stable work and homelife. They refuse to even talk to me and tell me why. I feel as though CPS. is just a guise for human trafficing. They are their own... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jun 10, 2021
What do they tell you as their excuse for not considering you? Do you have any warrants or possibly living with someone on probation or parole? If you can't afford to hire a lawyer then go into the Court Assistance Office and ask them for a Petition for Guardianship and file it with the... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jun 3, 2021
No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
Email me
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on May 13, 2021
Unfortunately, Idaho has NO law of emancipation. Idaho law requires all kids to attend school through the 8th grade, so my advise to you is that you attempt to 1) mend fences, stay in school, it won't be too long till you're on your own, yada, yada, yada; or, 2) seek permission to stay... View More
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
In our agreement it says that “work related child care” is decided upon both parties. Does this mean that we both have to agree or that we can decide on our own childcare during our own weeks? We have 50:50. My ex told me that she trusts my fiancé and that she is good to watch our kids.... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Feb 22, 2021
Parents often get in fights like this and I always tell them that they're welcome to change what they want and as long as they're getting along but if "push comes to shove," then the "default" is ALWAYS going to be to follow the last order to the "Tee."
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.