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Idaho Family Law Questions & Answers
1 Answer | Asked in Family Law, Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: My ex is trying to get 50/50 custody. I’ve always had primary custody. She’s a teen & he emotionally neglects her.

What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.

With regards to change of custody, that is question that a court would make the final determination. There...
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1 Answer | Asked in Family Law for Idaho on
Q: How do I get guardianship back of my child in idaho
Kevin M Rogers
Kevin M Rogers answered on Nov 30, 2020

You need to file a Motion to Revoke Guardianship.

1 Answer | Asked in Family Law for Idaho on
Q: What form would use so I can file in the court so my mother cannot take the kids to relocate out of state without permi

Or custody or even discussing with me

Kevin M Rogers
Kevin M Rogers answered on Nov 29, 2020

Hello, I'm sorry that you're having this trouble. If your mother has not gained any type of legal custody over your children then she would be guilty of kidnapping. The only way that your mother can take your child is through a legal guardianship. This is only done through court. Did you... Read more »

1 Answer | Asked in Family Law and Military Law for Idaho on
Q: The last question i have is they both where adopted after i was born and .y father is ex military airforce retired?

I was told since they where adopted after i was born it makes me next of kin.

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

If they were legally adopted, they are your LEGAL brothers in every way!

1 Answer | Asked in Family Law for Idaho on
Q: I have a 2 and a half year old daughter. Her father left . Her grandmother wants me to sign over rights 4 6 months

She wants rights to her as well as to fight him in court. She is saying if I don't do this today. Then she will take me and her father to court and I wont have visitation unless supervised. I am her mother and have been with her her whole life. Living with her. I recently got a marijuana... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

This is a pickle! Are you >18? (over 18?) Your mom is probably right (like always, huh?) Even in a great state like Idaho, Marijuana is still illegal and (as you know) Idaho will prosecute you for having it on you. Possession of Marijuana is also a bummer because if you get convicted of it... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: So if i have two adopted siblings how does that work for next of kin since i was the first born
Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Under "rules of descent," an "adopted child" is equal to a natural child, in every conceivable way. You're the "first born" and that carries a lot of responsibility in a family, but not really legally. Good luck to you!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Im 15 and pregnant can my legal guardians or family members take my baby?

I live with my grandparents who are my legal guardians. My mother was abusive mentally, my family including my mother is trying to take my baby when I give birth, I live in Idaho are there any laws saying they cant take my baby?

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

No, there are NO laws which say that your family cannot take your baby. If you are under 18 yrs. old, you are considered a "child" in Idaho. If you had sex with a young man prior to becoming 18, he could be charged with a number of crimes. However, if we look beyond that now, since you... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: What can I do to respond to a verified ex parte motion for temporary orders?
Kevin M Rogers
Kevin M Rogers answered on Nov 9, 2020

A "Motion for Temporary Orders," is difficult to achieve; there will be notice give to you of when the hearing is. You should hire legal counsel to respond to this. However, if you are unable to do so, you need to prepare for doing it yourself. File an "answer" to the... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Idaho on
Q: If a nco order forces me to leave the home I own what are my options
Kevin M Rogers
Kevin M Rogers answered on Nov 4, 2020

You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Should long distance custody agreements allow for children to miss up to two weeks of school per year for non custodial?

My husband's ex moved out of state thousands of miles away to follow her new husband in his career in the air force. We're trying to come up with a parenting plan to allow as much time for her with the kids as possible, but she's wanting the kids to miss 2 weeks of school each year... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2020

Are these consecutive or contiguous weeks? Second question, two weeks is not a terribly long time. They can also take schoolwork home and study remotely so why are you willing to spend thousands of dollars on attorneys for something simple that you should be able to work out in emails?

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, Elder Law and Probate for Idaho on
Q: My sister recently resigned as guar/consr. She is withholding all dads mail and I know she's hiding something.

What can I do?

Kevin M Rogers
Kevin M Rogers answered on Oct 18, 2020

Has a sister to one of the future devisees, you have the right to demand a copy of the checking account (or anything else) and if she does not comply, you simply file a petition for removal.

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...
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1 Answer | Asked in Family Law for Idaho on
Q: We have a Family Trust - my mother is the sole owner. 4 siblings. Who legally makes the financial decisions?
Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Your mother is the "sole owner" of what? The Trust? The real property?

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

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

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

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 »

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