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Idaho Questions & Answers
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...
Read more »

1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled me over for speeding, he said that if I go to court to defend he will make it a reckless driving. Illegal?

He said I was going 61 in a 40 in the hills, I passed him on a blind corner as I was slowing down coming around the corner.As I pull over, I grab my wallet from the center cup holder for my license. As he approaches my car he screams put your hands in the steering wheel and was very aggressive. He... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

You can answer that question yourself by referring to the code sections for speeding as well as reckless driving. Speeding is self-evident. However, "reckless driving" is defined as: "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a... Read more »

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.

Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.

The interview was to be free as is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Idaho on
Q: Can I be pulled over driving in the bus lane on a sunday night when there are no buses out.
Tim Akpinar
Tim Akpinar answered on Sep 22, 2020

An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck

Tim Akpinar

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: So I applied for chapter 7 bankruptcy and had to switch to a chapter 13 because of an asset

My lawyer sent everything in and was waiting for a date for the meeting of creditors which I got and last week I got a letter that says a notice of hearing on trustees motion to dismiss.. on my online account where I signed up to do the payments it says I have my meeting on Wednesday but this... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Listen to your lawyer and follow his advice.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Too long. See below. Tenant, landlord, renting

Okay so I'm renting a room right now as part of a larger single unit home. One of my housemates has some really bad klepto tendencies and I've had to take a lot of my stuff back from him and out of his room after he stole them from my room. Am I allowed to change the lock on my door... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 14, 2020

I recommend that you contact the LL. He has some liability if things from a "guest" are stolen by someone else who is his "guest," so I think he should be consulted, but you DO have the right to change your lock, as long as you let your LL know.

1 Answer | Asked in Estate Planning for Idaho on
Q: My wife's father passed away his home is in montana but he was in Idaho when he died? Which state laws apply.

Towards the end we had to move him into hospice care in Idaho so that he could be near family. We are trying to figure this out but neither of us has been through this before.

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere

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 Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... Read more »

1 Answer | Asked in DUI / DWI for Idaho on
Q: I would like to file a motion to suppress blood draw evidence for illegal stop. I had been driving for less than a block

I did not swerve, forget a signal, speed or do anything illegal. They stopped me because I told my ex I was feeling suicidal. They immediately told me to get out of the car. I told them I was okay and just wanted to go out for lunch and was going to call the crisis line after I ate. They asked if... Read more »

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

You can file a Motion to Suppress evidence. However, the "reason" you were pulled over you explained, was your ex apparently called 911 and explained that you were suicidal? That call gave officers "reasonable suspicion" that "if located while driving," your condition... Read more »

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 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 Criminal Law for Idaho on
Q: Son was arrested on supervised parole for possession of a controlled substance, he resided with us his parents.

Does his parole officer still have authority to enter the residence and do a search while he is in jail?

Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2020

Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."... Read more »

1 Answer | Asked in Civil Rights for Idaho on
Q: My husband is in the Bingham County Jail in Blackfoot Idaho he is an illegal immigrant he has been served with papers

with a notice of service of interrogatories and request for production and request for admissions for his money in the amount of $20,100 he is unable to read English and send me the papers but by the time I got it the 30 days have been passed can we appeal this decision and how? Is it unfair... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 1, 2020

Yes, you can call the person whose name is on the notice you received. Ask them for additional time. They should grant you additional time to fill out the Interrogatories to him. They will typically request a "fee" of a percentage or a dollar amount in order to allow your husband to... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: My mom died and I own property with her. Do I have to have someone assigned to be her representative?

We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How or can he apply for bail? Is the ada country jail being shut down due to covid?

My friend had 3 bench warrants for probation violations. He is in jail and says he is not bailable. Has had couple video hearings but says he does not understand what’s going on.

Kevin M Rogers
Kevin M Rogers answered on Aug 31, 2020

It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all... Read more »

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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