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Idaho Family Law Questions & Answers
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 we're... 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 the court... Read more »

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1 Answer | Asked in Family Law and Child Support for Idaho on
Q: divorce decree says she pays 30% of all medical bills, how do I go about billing her for her portion.

according to my divorce decree my ex is supposed to pay 30% of medical bills, I have paid over 6K in ortho bills for our kids, I want to give her a bill for her portion of it. can I just write up something and have it notarized with a copy of the paid bills?

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

Yes, that's exactly how you do it. Send her an email and attach a copy of the ortho bill and ask her to please pay 30% of it. It is not necessary that you have anything notarized. You simply need to ask your ex to pay it, by supplying her with a true and correct copy of the entire bill and give... Read more »

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 did, it...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: How would someone transfer guardianship, of an adult, to another person?
Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.

This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If all the person...
Read more »

1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Is it possible to file to have parental rights removed of a parent if the people who are adopting are not married

I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options

Kevin M Rogers
Kevin M Rogers answered on Sep 18, 2019

I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried parent of... Read more »

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 generally... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: I'm only seeing my son twice a week. I want what's best for my son with out the drama with my x girl. Where do I start?
Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

If you were never married, you don't want to go near her and your child until you have a court order, if you and she are on the "outs" as far as talking things over are concerned. That's a quick way to invite her to call the police and allege that you did something, anything, which will land you... Read more »

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I’m mother child support for my ex husband to taking care my son now he is 15yrs old now I’m moving to different state

My son he said he want living with me do I still pay child support for my ex husband?? Or he have to pay me back ??? Or what can you answer me please I appreciate

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

Do you pay CS to the Idaho Department of Health and Welfare, Child Support Receipting? If so, then you will still be required to pay CS for your son even though he says he wants to live with you. In the unlikely event that a court allowed you to pay your son's father directly, then you could... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: How will the value of a separate property home be divided?

A home owned by one party prior to marriage was rented most of the marriage. Rent payments were deposited to a joint bank account prior to paying the mortgage invoice. Will full rent income be reimbursed to the community, or only the amount above what the mortgage payment was? Non owning party... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

In Idaho there is a presumption that property owned by the parties is "community property." The home was owned individually by one party but the income from it was deposited into a "joint account." Once the funds were deposited into their "joint" bank account, the "presumption" of "sole" is... Read more »

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
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
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
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
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
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
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
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
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
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 »

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