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Idaho Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: If a parent moves outta state shouldn't that change the visitation ?

Since we went to court a year ago she has quit her job, gotten divorced, and moved outta state(8 hr round trip if no delays) and she still wants to come get him every other weekend and take him back to where she lives now (at a camp ground)......she bailed on him before he turned 3 and has only... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

If you want to spend a lot of money on a lawyer to try to keep her from from your son from his mother who has been “in his life” for the past 2 years, no drug use, nothing but poverty AND despite her poverty she is willing to drive 4 hours 1-way to spend time with her son - you’d better have... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Does having my live in girlfriend (of 9 years) watch my daughter count as work related childcare?

My girlfriend has been in my daughter's life for as long as i have, but my ex doesn't want her to be able to watch my daughter. Where i come from, that's called a family. Not childcare. My ex is angry because i mentioned that i have the right of refusal over daycare, her neighbors, and her old... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

1. Did she charge you to watch your daughter?

2. Did you keep a record of all the money you paid her?

If your answers to either of those questions is “no,” then the answer is no.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Idaho on
Q: Guild mortgage refusing to pay contractor building burned residence. Holding Insurance money.

Licensed contractor has a signed contract with Guild Mortgage. is there a cause of action?

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

There’s ALWAYS a cause of action. Question is, which party are you? Are you the builder? Contractor? Guild Mortgage? So many questions have I.

1 Answer | Asked in Criminal Law for Idaho on
Q: Loss of valuable property entrusted to a neighbor.

Neighbor consented to keeping large amount of valuable jade. It "disappeared." I reported it to local police. He is retired LAPD. Police took no action on loss of $40,000 in jade.

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

Sounds like a bad movie. Why would you entrust a “large amount of jade (that you own?) with a neighbor? Hmmmmm? Did you steal it? How do you know your “neighbor” doesn’t still have it? What makes you think he hasn’t sold it, or stole it?

1 Answer | Asked in Copyright for Idaho on
Q: How can I sell an instructional video of choreography to a high school without copyright issues?

I am a choreographer that creates competitive shows for High school dance teams and color guards. These groups learn their show to a specified piece of music and compete within the US to that music during a season. Usually they perform the show 5-10 times and make no money off of this. They... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 26, 2020

For the music, depending on which you do, you could get a license from the recording copyright holder.

Check the manager of the rights, there are agencies that focus on that.

They offer different pricing depending on the use.

Once you have that, assuming no other IP issues,...
Read more »

1 Answer | Asked in Divorce for Idaho on
Q: How do I divorce him when I don't know where he is?

He left a month after we married. I have never know an address. He refuses to tell me. We have a 19yr old daughter. She was born 11yrs before we got married. No financials link us. Always had our finances separate. No shared properties of any kind. No bills together of any kind. He won't contest... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 22, 2020

What a chump! He won’t go TOO far from his daughter and you probably wouldn’t be criticized if you published the Summons in a newspaper where you live. His daughter might have some idea where her father is too. You might also be able to get the court to waive your filing fees. Go down to the... Read more »

2 Answers | Asked in Consumer Law for Idaho on
Q: I found a blank money oreder and filled my name in it and tried to cash it but it was reported stolen what am I facing
Kevin M Rogers
Kevin M Rogers answered on Mar 22, 2020

Finding a money order is akin to finding a credit card and then trying to use it. It’s a felony and carries a maximum penalty of 5 years in prison and a $10,000 fine.

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1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring a... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: I was sentenced on criminal case mon but wen i got the order they where not wat i was sentenced and singed by a diff

Judge is that leagle

Kevin M Rogers
Kevin M Rogers answered on Mar 19, 2020

If I understand what you’re saying, that on Monday you were sentenced by a judge other than the original judge, a “fill-in” or “retired” judge?

Unfortunately, your lawyer may be to blame because she didn’t ask for your case to be continued until your original judge could be...
Read more »

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Small Claims for Idaho on
Q: My landlord is keeping my pet deposit for scratches on her door that she showed me. I couldn't see any. I've had people

Over and they could not see any either. I took pictures but my phone got stolen. When I moved out I gave her a demand letter which she did not respond to. She never gave me a letter telling me why she was keeping my deposit. She also never kept my deposits in a separate account. Regarding my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 15, 2020

It is the security deposit that landlords are NOT entitled to keep. If your contract HAS a provision for a pet deposit, the landlord’s keeping it COULD BE a pitifully slow way for her to build her fortune, one pet deposit after another! But I doubt that. Instead I think that your dear pet MSY... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Does owner move in rights exist in idaho for a new property owner who has a tenant with a 1 year lease
Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

Seller leased the property to you on a one (1) year lease and now the seller has sold the property and you're wondering whether you have to move and what your rights are?

The new owner buys a piece of property subject to "conditions." One condition in his/her purchase of it might (if...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: If my name is not on the title or mortgage of a property but on a gift deed for the property , can I legally sell it ?
Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

You need to research deeds. Who gave you a gift deed? Are you aware of the tax implications of being "gifted" something worth $2-$300,000 dollars? The moment you try to sell it you're going to run into the people whose names are on the mortgage. Sounds like a mess to me. If you trace the... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Ex purchased cell phones for our 11 & 12 year olds. I did not agree with purchases she wants full reimbursement.

Ex has had cell account under her name for the past 12 months and she is now demanding that I pay her for the usage since the children text me. The Decree of Divorce has no verbiage of usage of cell phone payment only communication reasonably available to both parties. I am liable for her cell... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

Nope, you're not and you can be a "dick" and not reimburse her one dime. But why wouldn't you want to help your ex provide cell phones to your kids? This is a situation that will come up over and over again till the kids graduate, so why be a stingy, hard ass? That's the question. Do you... Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Idaho on
Q: My boyfriend's now ex wife filed for divorce and it was granted without him even knowing that she had filed.

He got the paperwork in the mail today and on the debts part it says he has to pay $2000 for their old apartment that he moved out of, and informed the landlord, before she moved out. Is he able to appeal because he also wants some of his belongings she refuses to give back as well and it doesn't... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

In Idaho, it is not typical but certainly possible for her to have gotten a divorce without him knowing. Many times a woman may file and not know his whereabouts (or she swore under oath) at the time that she didn't. If she seriously DID know where he lived but lied about it then that is "fraud... Read more »

3 Answers | Asked in Criminal Law for Idaho on
Q: I need to know what hunting rights I have asI am a felon
Christi Lynn Schofield
Christi Lynn Schofield answered on Mar 9, 2020

In Idaho, your firearm rights depend on which felony you were convicted of. And just because you may have the right to possess in Idaho, doesn’t mean you have the same right under federal law. You should consult with a criminal defense attorney who has knowledge about firearm rights.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Idaho on
Q: Can i sue an obgyn for telling me "It looks like nobody's home." When i miscarried?
Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

An Idaho attorney could advise best, but your post remains open for a week. I'm very sorry for your trauma. Although what was said to you would deemed by many as insensitive and heartless, it could difficult for an attorney to move forward with it as a case based on intentional infliction of... Read more »

1 Answer | Asked in Probate for Idaho on
Q: Can an attorney include something that was given away 2 years prior to changing a will ?

My mother’s ring was given to my oldest sister. My other sister went with my Dad to change his will to include she get 1/2 of the ring 2 years after my Mother passed and my oldest Sister was given the ring.

Nina Whitehurst
Nina Whitehurst answered on Mar 4, 2020

Nope. Once a person gives something away, it is no longer part of his or her estate; it is now owned by the gift recipient. The person who gave it away can mention it in his or her will, but that will not do any good because it is not part of his or her estate any longer. And to mention it in... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: Do i have rights over my daughter since she lives with me fulltime now and i pay for her daycare and still pay child sup

Her mom was homless living in her van with her bf till she got her tax return now she lives in a hotel. But its only a matter of time before she runs out of money. Even she work part time at mcdonalds. And uses the child support to pay for her vehicle. Im just wondering how do i get full custody

Kevin M Rogers
Kevin M Rogers answered on Mar 4, 2020

If I were you I would file a Petition for Guardianship. The Court will require the mother to be there before it makes a decision. If the Court grants your petition, you will step artificially into the shoes of the bio mother in making all decisions on behalf of the child. Good luck to you!

1 Answer | Asked in Adoption and Child Custody for Idaho on
Q: Can you adopt a child without the parents consent if you've been raising the child for years and the mother only visits?

My husband has been raising his ex- girlfriends daughter since she was 3 she is now 10 and the mother left her and their child together with him about 3 years ago and only would visit them occasionally and now lives out of state and pretty much just calls them- we are wondering what we can do and... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

To answer the first question, "Yes" you CAN adopt a child . . . without the parent's consent.

Here's the catch: NOTHING your husband or you have done for their daughter in the intervening 7 years has given you ANY PARENTAL RIGHTS. During the past 7 years you COULD HAVE:

1....
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: I’m the seller of a commercial building and accepted an offer, but now I’m having a change of heart. Can I back out?

It’s in escrow but hasn’t closed yet. The change of heart came with a 100k higher offer.

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell, you'll be sued for breach of contract. Real... Read more »

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