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Idaho Child Custody Questions & Answers

1 Answer | Asked in Child Custody and Child Support for Idaho on

Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?

My wife and I are legally separated, I pay her monthly for child support based on 50/50 custody, The children live with me full time and the only time my wife accepts custody is when I am out of town for work. She takes the custody in my home watching the children. In the last 6+ months that has... Read more »

Kevin M Rogers answered on Mar 14, 2019

Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Idaho on

Q: Do both parties in a divorce case mediation get served papers? Thank you

Kevin M Rogers answered on Dec 23, 2018

Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.

1 Answer | Asked in Family Law and Child Custody for Idaho on

Q: What are my rights as a parent if grandparents were granted De Facto Custodian

Grandparents were granted De Facto Custodian. Court papers state mine and fathers (my ex) visitation to be determined in custody. We never had a custody agreement or court date. This was back in 2017. Since then my daughter has been staying with me conistantly for 3 months and wants to live with me... Read more »

Kevin M Rogers answered on Dec 3, 2018

The word "defacto" means something which exists in reality, whether authorized by law or not. Your parents therefore have some rights to guardianship at least to their granddaughter. They obviously do not have "legal custody," which can only be obtained by going to court or bestowed by birth to... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on

Q: Are you able to help in the Idaho falls are?

Kevin M Rogers answered on Nov 12, 2018

Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.

1 Answer | Asked in Child Custody for Idaho on

Q: a 17 yr old father wants to know if he can get his child custody back

Kevin M Rogers answered on Oct 15, 2018

I don’t know what you mean? Please re-read what you just wrote and submit it again.

1 Answer | Asked in Child Custody and Family Law for Idaho on

Q: How do I start a custody case?

Kevin M Rogers answered on Oct 15, 2018

The Idaho Rules of Family Court Procedure say that in order to begin a custody case you file a Petition. I certainly don't recommend that ANYONE do this by themselves. You need to consult with an Idaho attorney and let him advise you.

1 Answer | Asked in Family Law and Child Custody for Idaho on

Q: how do i find out if my daughters mom is allowing phone calls with her husband in prison when judge ordered no contact?

high conflict custody case where judge has ordered in custody modification there is to be no contact of any kind between my daughter and her husband who is in prison. my daughter 6 says her mom allows her to talk to him during her time, i have full custody. I called prison and they said theyd open... Read more »

Kevin M Rogers answered on Oct 10, 2018

You’re not entitled to do discovery without filing a complaint first. Who would you sue? For what? Idaho Administrative Rules don’t allow you to get that information and the prison definitely wouldn’t open itself to scrutiny and possible charges if they gave you the private telephone records... Read more »

1 Answer | Asked in Child Custody for Idaho on

Q: If paid, will a lawyer make a phone call on your behalf to potentially resolve a dispute before legal action is needed?

...without technically being their "client"

Kevin M Rogers answered on Jun 22, 2018

Absolutely! But the lawyer will refuse to represent to the person he calls, that he will take action or that he's been "retained," so it's arguable what good a phone call like that, even from a lawyer would do.

1 Answer | Asked in Child Custody for Idaho on

Q: In the state of Idaho. Is a custody petition legally binding once it’s been filed and served to the petitioner.

The petitioner is threatening to take the respondents son. The son is with the mother(respondent). He can’t do that without her consent correct?

Kevin M Rogers answered on Jun 22, 2018

A "Petition" is simply you asking the court to do something. That's it. Nothing has been done by just filing a Petition for anything. If the father of the child has established "rights" in visitation and simply wants to exercise his rights, the mother should allow him to. If the father has... Read more »

1 Answer | Asked in Child Custody and Civil Rights for Idaho on

Q: Will taking my ex to court for full while he is away make me look bad?

My ex husband and I have been divorced for over 4 years. But the metal and verbal abused has been still going strong. He has a new girlfriend in the picture and lately he has been trying to give her power of attorney over our kids because he doesn't want me to have them. Even though his being nice... Read more »

Kevin M Rogers answered on Jun 22, 2018

In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on

Q: My Fiance wants to give up rights to 4 of his 6 children but wants to adopt my 5 year old. Will he still be able to?

4 out of 6 of his children he doesn't have any contact with nor will they allow him any contact. 2 of them live out of state and the other 2 live 45 minutes away. He also wants to adopt my 5 year old when we get married due to him being the only "Dad" she has ever known.

Kevin M Rogers answered on May 24, 2018

That's a really good question. Adoption is not a misterial act by a judge. It requires a Petition for adoption and the Magistrate WILL examine the Petition, which includes all kinds of information and the question probably will come up at some point: why would you want to adopt someone else's... Read more »

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