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Idaho Family Law Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: How do I file a complaint against a judge in Canyon County? Is my time to do so limited?

I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:

1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible...
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1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

T. Augustus Claus
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answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed...
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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

1 Answer | Asked in Contracts, Family Law and Estate Planning for Idaho on
Q: Power of Attorney Question

Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: what if I cannot produce evidence asked for in discovery

I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody.

we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody. what rights does she have as a child and as a person?

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Your child has NO right not to see her father. The Magistrate Judge who divorced you two, awarded the father 50% custody, based on the "best interests of the child." So, I suggest that you speak to your daughter and explain to her that she see her father and talk to him about what is... View More

1 Answer | Asked in Family Law for Idaho on
Q: What can a father do whose kids mother(narcissist) is blocking all communications between kids

Kids want to communicate with father and vise versa but mother is stopping it and making up stories to kids and to the father on why they can’t communicate for her own selfish needs. She also threatens the grandmother(dads mom) if she lets the dad talk to the kids when they are over grandmas... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Most Decrees of Custody or Decrees of Divorce, include language which addresses "alienation of affection" if not in those exact words. Some decrees talk about "communication" between the parents and children and forbid the parents from talking bad about the other parent. If... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Idaho on
Q: How Do I Get Out Of This Car Loan Situation (Divorce)?

I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: Is there an age where a child can choose to be adopted by a step parent in Idaho?

My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 11, 2023

The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... View More

1 Answer | Asked in Adoption, Civil Rights, Domestic Violence and Family Law for Idaho on
Q: If cps hasn't shown up, and if the police have ignored all reports of my friends abuse, what other options do they have?

My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Hi, I was just wondering if a marriage certificate supersedes a custody order

Hi, I was just wondering if a marriage certificate supersedes a custody order

For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2022

The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... View More

1 Answer | Asked in Family Law for Idaho on
Q: I'm 16 and wanting too get emancipated?

Parents both ex drug addicts, dad's acholic mom's a pill user

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

Here are your options:

1. Call Child Protection Services (CPS) and complain that the parents are unable to care for the child. They will conduct an investigation. Once that is complete, CPS will call the police and ask them to assist them in removing the minor from the parents’ custody....
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1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.

Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Idaho on
Q: My husband and I separated, I applied for daycare and food stamp assistance. Child support now wants to open a case.

I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,... View More

1 Answer | Asked in Family Law for Idaho on
Q: I have sole physical custody but joint legal custody can I move to another state with my children?
Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

Nope. "Legal Custody," is the right to decide when your son can get a tattoo or join the military or leave school, big decisions. Further, the Idaho appellate courts have said that you are "welcome to move, just don't take your children!" You must file and ask for... View More

1 Answer | Asked in Civil Litigation, Elder Law and Family Law for Idaho on
Q: We believe that my 93 year old father in law is being co-erced by his live in girlfriend.

He has given her power of attorney, gave her all of his bank accounts to her , and changed his Will by removing his daughter as executer and his son as co-executer. Replacing them with his girlfriend and her daughter. Now he has stopped calling and she refuses to give him any messages when we... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

You have the right to step in and be concerned. The problem with Powers of Attorney is that they are easily drawn and signed, by the weak and feeble. A much more stable, unalterable instrument to have when your loved ones need help, is a Guardianship / Conservatorship. Nobody is able to get a... View More

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