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Idaho Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Changing over or adding a custodian for a child

My son has lived with his grandmother most of his life and she has custody of him. I have recently amended things and have been in contact with my son and grandmother. He is now 17. I have not had custody since I gave him up when he was a baby as I could not care for him. The other parent is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 7, 2020

Your son will be an "adult" probably by the time you read this and you won't need to do anything. However, if you're aching to pay a lawyer to do something, you need only make a phone call to the grandmother and say, "hey grandma, since we have agreed to let my son come... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the...
Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My ex won’t give me an address to serve him custody papers. What do I do?
Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2020

Several ways. First does ex have a lawyer? The Rules say that service on the lawyer IS service to your ex; second, if you know what state and city he lives in, your attorney can draft a motion for publication of Summons and if approved by the court, your papers will be deemed "served"... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Idaho on
Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... Read more »

Shawna Murray
Shawna Murray answered on Aug 22, 2020

I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

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1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: My parents are both emotionally immature could I get custody of my 15 yr old sister being 22 myself. I have my own place

They've been very abusive, emotionally abusive, and have neglected her to the point where she takes care of herself to the best she can. But I just want to give her more, and teach her skills my parents should've. I have a good job and she was also thinking of getting a job so we'd... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 3, 2020

You sound like an emotionally mature, young man and an adult by Idaho law. Idaho Title 15, Chapter 13 provides that you may apply to become her permanent guardian, even at your young age. If your parents object, so be it. It sounds like you have plenty of anecdotal evidence of your irresponsible... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Idaho on
Q: Is it legal to not allow a biological mother to see her children if there is no court orders?

I feel I have been wrongfully alienated from my sons. They are now adopted by thier paternal grandparents, to which I know that my sons will have to seek me when they come of age. With that being said I feel they took advantage of me, had me sign my rights over unwillingly, and had alienated me... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Once the adoption took place, water passed under the bridge and there's no going back. Your desires to see them notwithstanding, you should not bother the paternal grandparents and NEVER make an attempt to see your sons. If they're curious when they come of age, they will seek you out,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can a parent with temporary custody in Oregon go back on a mutual agreement and decide to go strictly by the RO?
Kevin M Rogers
Kevin M Rogers answered on Jul 23, 2020

Yes, and judges will approve because courts are willing to acquiesce (notice I didn't say "approve") to people "doing their own thing," I'd be lying if I told you that they're happy about it. When those "private agreements" don't work between the... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My ex has cut off all contact between my son and I. Is that legal?
Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2020

Of course it is "legal," but shouldn't be. There SHOULD be a law prohibiting both parents from slandering or saying anything about the other parent to the children. This is called "alienation of affection," and it does more harm to children than any other kind of abuse... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?

Kevin M Rogers
Kevin M Rogers answered on Jul 16, 2020

Yes, that's exactly what you do.

1 Answer | Asked in Child Custody and Juvenile Law for Idaho on
Q: My daughter is 15. Her dad has always had her and now she wants to live with me but he wont let her. What do i do

She lives in NC and me in Idaho

Kevin M Rogers
Kevin M Rogers answered on Jul 16, 2020

You need to go to NC, establish residency and file a Petition for Modification with the court and ask the court to give you the right to take your daughter to Idaho. You have NO right to file anything in Idaho at this point.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: in the state of Idaho Are CASA workers allowed to go through your belongings and disclose information..?

this CASA worker Found some cigarette butts in my closet’s on my patio took a picture and then went to the property manager at my apartments and disclosed that I’ve been smoking on the patio and showed them the pictures she took

Kevin M Rogers
Kevin M Rogers answered on Jul 16, 2020

CASA stands for "Court Appointed Special Advocate." It is a national program. Some states contribute to its funding, others don't. It receives national funding. If a CASA "volunteer" is involved in your case, it's because a judge appointed them to be involved. If... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My nieces husband is fighting for custody of his daughter...my niece and her husband moved into my house

To eventually purchase it...can i still reside on the property in a tiny house

Kevin M Rogers
Kevin M Rogers answered on Jul 13, 2020

Until they evict you.

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: If children adopted by parental grandparents. Are both non custodial parents responsible for arrears in child support

I hadn't paid child support from 2007 to 2012. When I got my job I immediately called child support and started paying tears and current. Children were adopted by grandparents in 2014. Current child support stopped. I now pay my rears as much as I can when I can. I feel as though I am the only... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

The child support "program" in Idaho goes like this: we (Legislature) want PARENTS (rather than taxpayers, to pay for children! It's a "policy" enshrined in our codified laws. So, its very simple math: natural parents were 100% jointly, financially responsible for their... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: I have sole and physical custody of my 3 children. Can I move out of state, or do I have to speak with him and the court

He does not have visitation, until he decides to go back to court and to ask for it. He has not been clean does not have a job or house. We just found out We will be moving In mid August because of my job, Which is better pay And more opportunities for my family. And how do I go about this the... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

If you have been awarded SOLE legal and physical custody and father has not been awarded ANY visitation, then BY ALL MEANS, you are free to move anywhere you like. Here are some caveats you might keep in mind however:

1. If you want the bio father to be (eventually) in your...
Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Served by non-certified mail?

I just had a default judgment against me and lost custody to my daughter for a court date I never even knew existed. It says I was served by mail. I never received anything in the mail regarding this. How is this property way to serve someone? Is this legal in Idaho? How can they get a judgment... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

Nope. You were not legally served. You can file a Motion to Set Aside the default. I help people do this once in awhile!

1 Answer | Asked in Child Custody for Idaho on
Q: CPS wants a hair folicle all tgings are closed can I send in my own?

They are not allowing them at all

Kevin M Rogers
Kevin M Rogers answered on May 6, 2020

CPS should be considered the "Police," because they are. As an example, if your hair folicle test shows that you've been smoking meth in the last 30 days, CPS (not the official police) will shut down your visits with your child(ren) instantly! Now, under the 14th Amendment, how in... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Idaho on
Q: In the state of idaho can a minor of age 16 apply for court emancipation?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Yes. She will need to convince the Court that she has some place to live and some way to support herself and that she’s either got wheels and insurance OR good bus service wherever she (or her baby) needs to go!

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If I were to petition the court for a parents rights to be revoked would they contact the parents during that time?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Nope! You’d have to notify the parent by sending him a copy of the Petition. It’s called “procedural due process.” No parent’s rights could be terminated without notice to him under the Fourteenth Amendment.

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