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Parents both ex drug addicts, dad's acholic mom's a pill user
answered on Nov 24, 2022
Here are your options:
1. Call Child Protection Services (CPS) and complain that the parents are unable to care for the child. They will conduct an investigation. Once that is complete, CPS will call the police and ask them to assist them in removing the minor from the parents’ custody.... View More
He has given her power of attorney, gave her all of his bank accounts to her , and changed his Will by removing his daughter as executer and his son as co-executer. Replacing them with his girlfriend and her daughter. Now he has stopped calling and she refuses to give him any messages when we... View More
answered on Nov 2, 2022
You have the right to step in and be concerned. The problem with Powers of Attorney is that they are easily drawn and signed, by the weak and feeble. A much more stable, unalterable instrument to have when your loved ones need help, is a Guardianship / Conservatorship. Nobody is able to get a... View More
She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?
answered on Nov 2, 2022
NOPE. Foul!
If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there... View More
So my baby daddy is on felony probation & he lives with his girlfriend, and I'm there just hanging out and probation & parlo shows up and they find drugs can they detained me if I don't live there ? This is in Boise Idaho
answered on Oct 27, 2022
Yes, police have a reasonable belief that you at, at a minimum, frequenting a location, where drugs are being used, sold or distributed. So, YES, frequenting is a misdemeanor, criminal charge. Are you interested in going to college? I hope you're wealthy, because a charge of paraphernalia... View More
and your attacker pulled the gun out and pointed it at you first in your own home.
answered on Oct 27, 2022
Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court... View More
I had two partial loss home fires 9 months ago and my insurance company sent over an adjuster then. Now nine months later when my contractor is already working fixing the damage they want to come assess the damage again because my original adjuster quit the company
answered on Nov 24, 2022
No set time, however, the insurance company will do its “due diligence,” and get their “findings” to all parties in “due time.” Most courts will not criticize an insurance company for taking too long, if there are questionable issues.
Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... View More
answered on Oct 24, 2022
"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... View More
I am trying to open and in home daycare. I have been approved to apply and just waiting for background check clearance and the inspections. I have also spoke with my city/county about local compliance and within my city and zoning I am permitted to run a family/group daycare residentially and... View More
answered on Oct 24, 2022
The short answer is "NO." If you will permit me to diverge. Idaho Law permits weapons to be carried without a permit, openly. A HOA might want to limit when patrons could carry weapons around. This would be an HOA decision. HOA or Home Owners' Associations, are throwbacks from... View More
answered on Nov 2, 2022
In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... View More
answered on Nov 2, 2022
Nope. "Legal Custody," is the right to decide when your son can get a tattoo or join the military or leave school, big decisions. Further, the Idaho appellate courts have said that you are "welcome to move, just don't take your children!" You must file and ask for... View More
I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?
answered on Nov 2, 2022
Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,... View More
I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.
answered on Oct 11, 2022
I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... View More
They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.
answered on Sep 9, 2022
In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you,... View More
His grandma has temp guardianship and I want my son back I didn't mean to sign my rights over to the aunt what do I do
answered on Sep 9, 2022
Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's... View More
Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... View More
answered on Sep 9, 2022
A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... View More
answered on Sep 9, 2022
There is an Idaho Criminal Rule 11. It says:
Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the... View More
answered on Sep 9, 2022
Yes. While you're on probation, you may not possess a "weapon," but I believe the Legislature was referring to guns, not bows.
He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.
I was never ticketed even though the officer pulled me over for "speeding", and... View More
answered on Sep 9, 2022
Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a... View More
It's a beekeeping related business where people can come do beekeeping with a beekeeper.
answered on Aug 20, 2022
An Idaho attorney could advise best, but your question remains open for a week. Until you are able to discuss with a local attorney familiar with the state law, it sounds like a measure that could place you at unnecessary risk, since you aren't in the business of dispensing medicine,... View More
blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.
answered on Sep 9, 2022
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as... View More
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