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Idaho Child Custody Questions & Answers
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...
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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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Is there anything I can do to make sure my daughters cell phone stays on and with her at night when she’s at her dads?

Just recently her phone started to be taken away and shut off at night. I have gotten 3 different responses as to why. I decided to buy her a phone under my plan hoping that it being mine he wouldn’t turn it off and now he is telling me it’s not welcome in his home.... I don’t call or text... Read more »

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

Hi Dad,

First, that wish of yours IS reasonable, to know that she can call you anytime, day or night if she’s in trouble or wants to talk to you! Secondly, you ARE out of luck (if step father says no) because this current “dispute” doesn’t constitute a “material, permanent change...
Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my husband's ex use recordings she had our 14 year daughter record of us talking to our son w/out our knowledge?

My husband's ex slapped us with a emergency sole custody modification order and a restraining order using a picture she had my son send her and audio recordings she had my daughter record of my husband and I having a private conversation with my son. Is this legal? Can my daughter give... Read more »

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

Short answer: in Idaho only one party to a recording must give permission. However, it’s not your daughter that gave consent is it? It’s your husband’s ex-wife. So yes SHE can do that, but why does it matter to you? What was depicted in the photo? A little more information please?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Ex bought my 9-yr-old daughter a smart phone without my permission. Do I have to allow her to use it?

Long-standing rule in my house (and in my sister’s house for cousins) is that you get a phone when you’re 10. My older daughter (not ex’s bio child) got a reg phone at age 10 (while I was still with ex). Ex told me that he bought it and it will be used at my house “end of discussion”. I... Read more »

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

Let me put this in simple terms: "NO," you don't have to let her have a phone while she's with YOU (unless it specifically says you must in your divorce / custody decree), but the bigger question:

1. Is this a "hill you're willing to die on?" In other...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Does having my live in girlfriend (of 9 years) watch my daughter count as work related childcare?

My girlfriend has been in my daughter's life for as long as i have, but my ex doesn't want her to be able to watch my daughter. Where i come from, that's called a family. Not childcare. My ex is angry because i mentioned that i have the right of refusal over daycare, her neighbors,... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

1. Did she charge you to watch your daughter?

2. Did you keep a record of all the money you paid her?

If your answers to either of those questions is “no,” then the answer is no.

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: Do i have rights over my daughter since she lives with me fulltime now and i pay for her daycare and still pay child sup

Her mom was homless living in her van with her bf till she got her tax return now she lives in a hotel. But its only a matter of time before she runs out of money. Even she work part time at mcdonalds. And uses the child support to pay for her vehicle. Im just wondering how do i get full custody

Kevin M Rogers
Kevin M Rogers answered on Mar 4, 2020

If I were you I would file a Petition for Guardianship. The Court will require the mother to be there before it makes a decision. If the Court grants your petition, you will step artificially into the shoes of the bio mother in making all decisions on behalf of the child. Good luck to you!

1 Answer | Asked in Adoption and Child Custody for Idaho on
Q: Can you adopt a child without the parents consent if you've been raising the child for years and the mother only visits?

My husband has been raising his ex- girlfriends daughter since she was 3 she is now 10 and the mother left her and their child together with him about 3 years ago and only would visit them occasionally and now lives out of state and pretty much just calls them- we are wondering what we can do and... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

To answer the first question, "Yes" you CAN adopt a child . . . without the parent's consent.

Here's the catch: NOTHING your husband or you have done for their daughter in the intervening 7 years has given you ANY PARENTAL RIGHTS. During the past 7 years you COULD...
Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Is a judges court deputy allowed to Facebook message us telling us what we need to do an ongoing custody case?

The judge on a custody case in Idaho is actually friends with the other party. He won't allow any evidence to be submitted through court and has so far ignored our evidence, or refusing to allow the evidence into court at all. Now his court deputy is messaging us on Facebook telling us that... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

If what you say is correct, then you need to file a Motion for Disqualification under ICR 25.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: While under protective supervisions with my children from the department of health and welfare can I leave state

Under protective supervision

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

Ask your case worker. You don’t want to leave the state or move across town or change jobs or get a piercing without speaking with your case worker!

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: I have done sign my right away before my daughter born,but my ex never filed it... then my ex

Then my ex and her husband were adopting my daughter and she ask me to sign my right away again for the second time! It was half way process and had to pay 9k for stuff suddenly it went up 50k it cost my parents money to help me get thou. I waited waited. I want to get it done bam 6 month... Read more »

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

I want to tell you what you should do.

First off, Idaho would not allow you to "sign off" rights to your daughter UNLESS there is someone willing to adopt her. In your case, your ex-wife did not give your daughter your last name and wanted to adopt her daughter as much as you...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Idaho on
Q: Abusive absent father who is still legally married to his first wife, is trying to get 50 50 custody...help?

Been seperated 4 years, attempts at reconciling ending in mental and physical abuse for myself, During this time our 6 year old son has solely resided with me, with no financial support from father. Father was given chance after chance to be an active father and would always end up not following... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 5, 2020

If you and he had no previous custody order in place, then strictly speaking, he is NOTHING but a sperm donor. Simply by having his name on the birth certificate gives him NOTHING but obligations to pay child support. If he ever wanted to become the "father" of this 6 yr. old son, he... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I need help with filling out and filing custody papers. How would I go about that without being represented?

Can I pay hourly and where do I go?

Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

I understand money issues but custody papers and being self-represented do not go together. You can't imagine the difficulty of what you're thinking about doing. I would SO STRONGLY recommend that you ask family to loan you some serious money and hire an excellent attorney who knows the... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: Is there a legal service in boise area I can sit down and have my custody papers explained to me.
Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

2399 S. Orchard St., Ste. 204

Boise, Idaho 83705

Law Offices of Kevin M. Rogers

Attorney at Law

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that... Read more »

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