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Idaho Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: Does my ex get to tell me that my fiancé cannot watch my kids? That he right to watch them is revoked?

In our agreement it says that “work related child care” is decided upon both parties. Does this mean that we both have to agree or that we can decide on our own childcare during our own weeks? We have 50:50. My ex told me that she trusts my fiancé and that she is good to watch our kids.... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 22, 2021

Parents often get in fights like this and I always tell them that they're welcome to change what they want and as long as they're getting along but if "push comes to shove," then the "default" is ALWAYS going to be to follow the last order to the "Tee."

1 Answer | Asked in Criminal Law and Social Security for Idaho on
Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... Read more »

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

From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... Read more »

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Can I sue a homeowner for Breach Of Contract, and loss of income.

After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 9, 2021

Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Does sole legal custody in Idaho allow a parent to move out of state even with joint physical custody?
Kevin M Rogers
Kevin M Rogers answered on Feb 1, 2021

Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge... Read more »

1 Answer | Asked in Adoption for Idaho on
Q: I was adopted at 2 days old and have not yet met my biological father. How can I find him if i dont know where to look?

My birthdate is October 3, 1997. I was born in La Habra, CA. None of my biological family remember his name. I would love to meet him and get to know him.

Kevin M Rogers
Kevin M Rogers answered on Feb 1, 2021

This is a very difficult task. If your adoption was "closed," as many states are, then you will probably want to reach out on social media with photos of yourself. You can also subscribe to a genealogy site and put "feelers" out. People who have been adopted will help you.... Read more »

1 Answer | Asked in Copyright and Trademark for Idaho on
Q: Can I print t-shirts with the phrase “Just Do It”?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

No

Please consult with an attorney

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?

Also, my last name has changed (I recently married) and my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: how do i get the return of out of state service form?

i have a case and the judicial needs me to file the return of out of state service, however i have filled affidavit of service form which is available through court assistance office. The return of out of state service form is not available there. How do i proceed?

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

You don't need a special form; it doesn't matter in which state this person was served. All you need to do is get ahold of the individual who personally served the person and prepare an Affidavit of Service, just like you got from the Court Assistance Office for the Process Server and... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Can you be charged with and arrested for grand theft of a vehicle licensed and titled to you?" In Idaho
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

Shouldn't be able to be arrested for "theft," as long as the vehicle is titled in your name. There must be more facts to this story?

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: If the police have a hold on the vehicle for evidence who pays for the storage fees?
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

You do, my friend.

1 Answer | Asked in 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 Animal / Dog Law for Idaho on
Q: i’m thinking about pressing charges on my ex for animal cruelty and killing my puppy, what do i need to so this

there were multiple occasions where she was in his care and she got severely injured.

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

Cruelty to animals WAS a crime in Idaho, until the wealthy farmers and ranchers in Idaho prevailed upon the Idaho Legislature, which acquiesced, lost their moral compass and agreed to repeal the state law. Now, the only thing you prosecute under is the City Code against cruelty to animals. Boise... Read more »

1 Answer | Asked in Intellectual Property for Idaho on
Q: i was a part-time graphic designer in IDAHO and designed evrything for the company. Do i have intellectual property?

everything i read says that i needed to be a full-time employee for them to own my work. but they came to my doorstep and fired me and are now going to be using my designs for years and revising them and continuing to make a profit. Idaho does not have many rights for employees at all so I am in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 14, 2021

most likely not.

If you got paid, and/or signed a contract, most likely you ceded all rights.

check your contract

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 Criminal Law for Idaho on
Q: In idaho, if there is an order for a change of venue and the case has been assigned to a new judge, can that be reversed
Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the... 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 »

1 Answer | Asked in Divorce for Idaho on
Q: I need to find out if I qualify for an annulment.

We got married in August, and turned abusive. I know have a restraining order on him for domestic violence and stalking. So is there a way to annul it or no?

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

Idaho has an Annulment law. Either party to the marriage may annul the marriage for any of the following reasons:

1. Under 18 when married;

2. Did not receive parent or guardian's permission if under 18 when married;

3. Bigamy;

4. Unsound mind. Unless you...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 12, 2021

Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... Read more »

1 Answer | Asked in Adoption for Idaho on
Q: I have legal permanent gaurdianship of my son. He wants me to adopt him. what steps do i take

Can his biological parents stop it from happening

Kevin M Rogers
Kevin M Rogers answered on Jan 4, 2021

Do I understand your question correctly? Did the bio parents lose custody? You refer to him as your "son?" Is he your legal or bio "son?" If we assume that he is your "legal son" and that you have "legal, permanent guardianship" of him and would like to... Read more »

1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled over for non working break light, but they work and were on during stop.

Said reason for traffic stop was bad tail light. Searched my vehicle and arrested me for possession. Police officer lied. My break/tail lights weren't out. They work just as they should. Can I get my possession case dismissed on ground for unlawful traffic stop?

Kevin M Rogers
Kevin M Rogers answered on Jan 3, 2021

Your questions raise more questions. What time of the day? Night? was the stop? Were you driving in a "bad neighborhood?" Was a drug dog used? From the time your car got turned off after the stop, how long did it take the drug dog to get there?

If NO dog was used, try to...
Read more »

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