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Idaho Family Law Questions & Answers

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

Q: I'm starting custody with my ex. I'm needing some deeper advice.

I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »

Kevin M Rogers answered on Jul 21, 2019

So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor...
Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

In November 2018 my sister move with me to Idaho a month later she moved back to California and she moved in a motel room she left her dog and I told her that we was going to bring her dog back to her but it's been raining and it's been snowing in Idaho and I told her if she wait to the snow clear... Read more »

Kevin M Rogers answered on Mar 14, 2019

Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue... Read more »

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 Child Support and Family Law for Idaho on

Q: Already paying for my 2 kids child support and now might be a dad with girlfriend and want to know how is that handled

Handled with paying child support for possible new baby

Kevin M Rogers answered on Nov 12, 2018

The Idaho Child Support Guidelines make provision for child support being paid to children of another relationship. It's not a dollar for dollar reduction to current child support, but is is taken into consideration.

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 Family Law and Car Accidents for Idaho on

Q: can I stop my boyfriends mom from taking half of his ashes?

My boyfriend passed away unexpectedly in a car accident. His mom has requested half of his ashes. She hasn't been apart of his life since he was very young. His father had full custody of him. We don't feel she deserves half his ashes

Kevin M Rogers answered on Nov 3, 2018

His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were... Read more »

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 for Idaho on

Q: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

We share custody of a 3 year old already and he wanted me and still wants me to get an abortion I refuse. He left me because I wouldn’t do it. He said I either get it and he stays or I don’t and he goes and I will have to pay him child support since I make more money and he wants in the... Read more »

Kevin M Rogers answered on Oct 15, 2018

Nope. He is nothing but a sperm donor at this point and can pack sand. When the baby is born he has a choice to make. He can either step up and declare his paternity to the child and immediately assume paying child support, or he can do nothing, have you let authorities know who the father is... Read more »

1 Answer | Asked in Family Law for Idaho on

Q: I need to file a response to a petition for custody of my minor children. I can't afford a lawyer. how can I file that

How can I file a response on my own and what do I do

Kevin M Rogers answered on Oct 10, 2018

Have you tried Idaho Legal Aid or the Idaho State Bar to see if there may be a lawyer wanting to do some pro bono work? Short of that I would evaluate your interest in the case to determine whether hiring a lawyer might be worth selling your ATV or your card collection or your 2nd automobile or... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on

Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell the... Read more »

Kevin M Rogers answered on Oct 10, 2018

You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

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 Family Law and Juvenile Law for Idaho on

Q: Is it ok for the judge to say "well what do you want me to do hes a danger to himself the community hes a meth head."

He is 16 yrs oldHe did not test dirty when he was arrested but has prior.can and how do i go about filing a complaint?

Kevin M Rogers answered on Jun 21, 2018

A judge has a lot of latitude to say what he feels will impact someone he is speaking to or sentencing or ruling on a request for ROR or lowered bond etc. Judges have an ethical duty to be courteous and to treat every person who comes before the court with dignity.... 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 »

1 Answer | Asked in Family Law for Idaho on

Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

My ex husband and I have 50/50 but for the past 2 years I have had our kids full time. where he only see them every other weekend. For the past 4 year he as not been following the parenting plan, has been putting the children in the middle and talking bad about me in front the children. I have... Read more »

Kevin M Rogers answered on May 15, 2018

Your ex-husband is obviously a jerk and you're lucky to be free of him. His girl friend is also less than a lady. She has absolutely NO PARENTAL RIGHTS WHATSOEVER to those kids, period. You have NO obligation to let her have them on "his time," and no Magistrate will ever hold you in contempt... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on

Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

I live in Idaho. Is this my property because of this or is my ex entitled to 1/2? Thanks

Paul Waldron answered on Jan 31, 2018

The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you purchased the...
Read more »

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on

Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

1 Answer | Asked in Contracts, Family Law, Juvenile Law and Social Security for Idaho on

Q: Can I sue my mom for not paying me money she owes me?

I am 17. Roughly two years ago when my baby sister was first born, my mother agreed to pay me $20 every time she was gone more than two hours and I had to watch the baby. Well, she now owes me over $600 and there has been multiple instances where she has left me overnight alone with my 5 younger... Read more »

F. Anthony Bullock answered on Dec 20, 2017

Courts in most states would construe such an arrangement as a gratuitous promise, unsupported by consideration, and therefore unenforceable at law. In short if you attempted to engage in litigation to recover the requested sum it is unlikely that you will be successful.

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on

Q: can a person with no amercian citizenship visit a incarcerated?


im from europe and i have a boyfriend in usa Idaho orofino prison, we known each other for 4 years and i want to visit him, but we dont know if its even possible that someone out of States could visit an inmate? please help me, i have contacted several lawyers and never got a specific... Read more »

Jordan C. Moody answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

1 Answer | Asked in Family Law for Idaho on

Q: What forms do I need to unsuspended my parental rights? How do I?

The original case was closed as the guardians divorced. My rights have been willfully suspended not terminated. Nor were his mothers. If I reopen the case does she have as much chance at getting him?

He is 13 and competent. Can he choose? But I really need to know what forms to file as... Read more »

Natalie Greaves answered on Oct 10, 2016

I'm a bit confused as to the details of your question. I can't tell who your son lives with now, if there is a guardianship case that is designating who is his guardian, or if you are talking about custody. I'm also unsure jurisdictionally whether the case would be in Montana (where the child... Read more »

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on

Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

Only ones homeless after 10 months mean while naybors got put in house 5 days after fire. Fire was leaky water heater & xploded. Nay,rs stored 3 tall oxygen tanks in front of gas water heater.


Peter N. Munsing answered on Jul 1, 2016

Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?

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