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Idaho Questions & Answers
1 Answer | Asked in Intellectual Property for Idaho on
Q: i was a part-time graphic designer in IDAHO and designed evrything for the company. Do i have intellectual property?

everything i read says that i needed to be a full-time employee for them to own my work. but they came to my doorstep and fired me and are now going to be using my designs for years and revising them and continuing to make a profit. Idaho does not have many rights for employees at all so I am in... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 14, 2021

most likely not.

If you got paid, and/or signed a contract, most likely you ceded all rights.

check your contract

1 Answer | Asked in Divorce for Idaho on
Q: I need to find out if I qualify for an annulment.

We got married in August, and turned abusive. I know have a restraining order on him for domestic violence and stalking. So is there a way to annul it or no?

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

Idaho has an Annulment law. Either party to the marriage may annul the marriage for any of the following reasons:

1. Under 18 when married;

2. Did not receive parent or guardian's permission if under 18 when married;

3. Bigamy;

4. Unsound mind. Unless you...
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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 Criminal Law for Idaho on
Q: In idaho, if there is an order for a change of venue and the case has been assigned to a new judge, can that be reversed
Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the... 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

1 Answer | Asked in Real Estate Law for Idaho on
Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 12, 2021

Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... View More

1 Answer | Asked in Adoption for Idaho on
Q: I have legal permanent gaurdianship of my son. He wants me to adopt him. what steps do i take

Can his biological parents stop it from happening

Kevin M Rogers
Kevin M Rogers
answered on Jan 4, 2021

Do I understand your question correctly? Did the bio parents lose custody? You refer to him as your "son?" Is he your legal or bio "son?" If we assume that he is your "legal son" and that you have "legal, permanent guardianship" of him and would like to... View More

1 Answer | Asked in Divorce for Idaho on
Q: I live in Idaho, spouse is in our home in Oregon. Can I use an Idaho lawyer for a divorce?

I need a tough lawyer that won't enable him to take it all and leave me with nothing. My husband is a tough negotiator and will give you a run for your (my) money. :) We began our marriage 23+ years ago and had zero debt when we wed. I want every single cent I am entitled to. I put in just as... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 3, 2021

Personal jurisdiction for divorce and post divorce is unique in Idaho. Typically you would sue the defendant where he/she lives, but in Idaho it's reversed. As long as YOU can establish personal jurisdiction in Idaho, then it wouldn't make any difference where the real property is... 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 Divorce for Idaho on
Q: When do stipulations become binding?

Stipulation was filed November of 2018. Among other things, stipulation agreed that one parent would not claim the children on their taxes in even years. The stipulation became a decree when signed on Feb 4th, 2019. However parent claimed minor children on their taxes stating that it did not go... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 30, 2020

Stipulations are "agreements." Agreements can be ruined by:

1. Arguing against it in open court;

2. Failing to draft and file a proposed DECREE or ORDER consistent with the Stipulation; and,

3. Acting against it.

If the party claimed the children in 2019...
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1 Answer | Asked in Real Estate Law for Idaho on
Q: I bought land in Idaho, part of an HOA. The president resigned and there is no board. What legal options do I have?

The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... View More

1 Answer | Asked in Probate for Idaho on
Q: Surviving spouse personal represenative has sold numerous possessions not recorded through probate can he be removed?

Personal represenative surviving spouse has sold numerous personal property items never recorded in probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Yes. What you are alleging is "malfeasance" and subjects the PR to removal. Make sure and get your ducks in a row before asking a judge to remove a PR.

1 Answer | Asked in Probate for Idaho on
Q: If probate was not started can a petition be made to remove executor?

I am daughter to decedent step dad is executor and want him removed as such moms personal property has been sold and not recorded through probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

If Probate hasn't been started, YOU can start it. File a Petition to be Appointed, then you can send a letter to step dad demanding that he return property he sold or pay the value of property he sold back to the "estate"

1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled over for non working break light, but they work and were on during stop.

Said reason for traffic stop was bad tail light. Searched my vehicle and arrested me for possession. Police officer lied. My break/tail lights weren't out. They work just as they should. Can I get my possession case dismissed on ground for unlawful traffic stop?

Kevin M Rogers
Kevin M Rogers
answered on Jan 3, 2021

Your questions raise more questions. What time of the day? Night? was the stop? Were you driving in a "bad neighborhood?" Was a drug dog used? From the time your car got turned off after the stop, how long did it take the drug dog to get there?

If NO dog was used, try to...
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1 Answer | Asked in Divorce for Idaho on
Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?
Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

Idaho is a community property state. If appliances were purchased during the marriage then "YES," you're entitled to 1/2 the money received. However, if appliances purchased during the marriage are sold after the divorce was filed, then the sale itself may be in violation of the... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: I lost my job due to medical, my husband is a transplant recipient on disability. If we file cptr 7, can we gift vehicle

We have titles on vehicles that belong to our boys. Because of the loss of my job and only my husband's disability as income, we may have to file chapter 7 due to his medical bills we can no longer pay on and evidently we owe federal and Idaho taxes. The titles on the vehicles need to be... View More

Timothy Denison
Timothy Denison
answered on Dec 16, 2020

You must list all your property in your petition. Any such transfers of vehicles would likely be fraudulent. Consult a competent bankruptcy attorney to review these issues before you do anything.

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1 Answer | Asked in Animal / Dog Law for Idaho on
Q: I was given a dog. The people that gave me the dog now want it back. Can I legally charge them any amount I want?

They emailed me the papers, but I never had the dog registered in my own name. I have paid for rabies, kennel cough, and distemper shots. I have paid for grooming. I have paid for food, toys, treats, etc.

I made an agreement to give the dog back if they wanted her within 2 months. It's... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 15, 2020

As an "addendum" to my earlier advice, let me say that you are WELL within your rights to sell a dog that you own, for as much money as you can get. Of course, without seeing the actual agreement, there is no way to determine what "conditions," you and the previous owners... View More

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: If a dog was given to me and the papers were emailed to me can I charge the people money if they want it back?

Dog papers were emailed to me, but I never had the dog registered in my own name. I have paid for rabies, kennel cough, and distemper shots. I have paid for grooming. I have paid for food, toys, treats, etc.

The previous owners want her back even though I told them no a couple of times. We... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 10, 2020

Before I can answer any question I first need to make sure that I am understanding the question.

1. You purchased a dog from previous owner?

2. You paid the dog's Vet bills, amounting to $2,000?

3. The previous owners now want the dog back?

4. You gave the...
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2 Answers | Asked in Uncategorized for Idaho on
Q: Im medically exempt from wearing a mask. Manager at gas station state ineed to still wear a mask/pull shirt over my face

Knowing that I am medically exempt. When I told her this is discrimination she fired back with how do I know you have a medical issue. Have any proof. Would I have a solid case for a ada discrimination lawsuit and a mental anguish claim?

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

An Idaho attorney could answer best, but your question remains open for two weeks. Although this site does not have a separate heading for the Americans with Disabilities Act, there are attorneys with expertise in that area. An attorney who regularly works with ADA matters might be able to offer... View More

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