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Idaho Questions & Answers
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 Criminal Law for Idaho on
Q: If being released on parole are you required to maintain a full-time job if you are eligible for retirement?

My father is being released on parole and is at the age of 67. I would like him to retire and not be forced to work the remainder of his parole.

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

You should contact your father's probation officer and ask about that. Your father can also talk to his probation officer. If you can't get anywhere with the Probation Officer, then you can file a Motion in the District Cout and bring this to the attention of the Judge.

1 Answer | Asked in Real Estate Law for Idaho on
Q: What does IC 55-3206(1) mean?

The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R

Peter J. Weinman
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answered on May 22, 2023

I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More

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 Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... View More

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Idaho on
Q: Does the company Trudeau have a patent for round fondue plates with 6 compartments?

The Trudeau company sells 10in round fondue plates with 6 compartments. Wanting to know if there's a patent for it or if I am able to sell something manufactured in China that looks very similar?

James L. Arrasmith
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answered on May 2, 2023

To determine whether Trudeau has a patent for their round fondue plates with 6 compartments, you would need to conduct a patent search on the relevant databases. This will show whether any patents have been issued for such a design. Keep in mind that even if a patent has been issued to Trudeau, it... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More

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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 Real Estate Law for Idaho on
Q: How do I transfer property from an intestate decedant to the name of the Estate or the Personal Representative?

Need to transfer real estate from intestate decedant to the Estate per Personal Representative

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... View More

1 Answer | Asked in Medical Malpractice for Idaho on
Q: I have a questionable medical diagnosis and the testing process may have missed a liver cancer diagnosis.

I have had multiple tests done in the last year that I feel the positive diagnosis was missed in the biopsy.

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Gather your medical records and discuss your case with an experienced medical malpractice attorney.

1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html

Every law that the Legislature passes, has to have a "regulation"...
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1 Answer | Asked in Contracts and Health Care Law for Idaho on
Q: What can I do about my doctor sending a text to someone who is not authorized about my test results being available?
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

I wish you had indicated who the doctor sent your test being available, to. Otherwise, it's not possible to determine if this was a HIPPA violation or not. If you know to whom the notice was sent, please resubmit your question and I'll be happy to answer it, or someone else will as well.

1 Answer | Asked in Real Estate Law for Idaho on
Q: CC&R's illegally placed?... 160 ac 1/4 section under CC&R control. At time declared, Declarant did not own entire tract

CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.

1 Answer | Asked in Car Accidents for Idaho on
Q: Why is my insurance only offering me ACV instead of replacement value when I was not at fault in a car crash?

I was in a car crash in February, I was not at fault. My vehicle was a total loss. The other drivers insurance accepted liability but the car replacement cost is being handled by my insurance. Even though I was not at fault, my insurance is saying I am only entitled to actual cash value for the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

That is most likely what your insurance agreement provides----ACV for a totaled vehicle. That said, this is awfully unfair and to protect your interests, you should contact an accident/injury lawyer or a general practice attorney or a bad faith insurance attorney in your area and discuss your... View More

1 Answer | Asked in Car Accidents for Idaho on
Q: i was driving in my car and my wheel flew off and hit another car, am i responsible to pay for damages, no police/insura

the kid didn't want to call the police and agreed to take my insurance card, the car was a 2009 Honda odyssey van with other countless dents, will I be responsible for damages, will my insurance go up if they decide to file a claim?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2023

An Idaho attorney could advise best, but your question remains open for two weeks. It could depend on whether he files a claim. Unless there are other contributing factors such as roadway defect, the operator would generally be liability for components coming off their vehicle. Good luck

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