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Idaho Questions & Answers
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... Read 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... Read 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... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: What does IC 55-3206(1) mean?

The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R

Peter J. Weinman
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answered on May 22, 2023

I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... Read more »

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... Read more »

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Idaho on
Q: Does the company Trudeau have a patent for round fondue plates with 6 compartments?

The Trudeau company sells 10in round fondue plates with 6 compartments. Wanting to know if there's a patent for it or if I am able to sell something manufactured in China that looks very similar?

James L. Arrasmith
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answered on May 2, 2023

To determine whether Trudeau has a patent for their round fondue plates with 6 compartments, you would need to conduct a patent search on the relevant databases. This will show whether any patents have been issued for such a design. Keep in mind that even if a patent has been issued to Trudeau, it... Read more »

3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... Read more »

James L. Arrasmith
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answered on Apr 29, 2023

It is possible to apply for an O1A visa based on your work in a software startup, even if your degree is in Electrical Engineering. The O1A visa is designed for individuals with extraordinary ability in their field, and the focus is on your achievements and recognition rather than your degree.... Read more »

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3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... Read more »

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

Petition Document Requirements

A US employer should file the petition (Form I-129) with:...
Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... Read more »

James L. Arrasmith
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answered on Apr 6, 2023

Under trademark and copyright law, ownership and use of intellectual property such as logos, names, and images can be a complex issue when it comes to social media accounts like Facebook pages.

If the Facebook page you created for the construction industry training program included any...
Read more »

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1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html

Every law that the Legislature passes, has to have a "regulation"...
Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I sold 5th wheel and took deposit with agreement to take payments. She took possession and now says nothing works.

I was unaware of things not working except need batteries, propane, gas for generator. That's all I was told about it. She has taken possession, now says nothing works and said she won't pay me any money. She has it somewhere I don't know about and she blocked texts, but has sent me... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You will need to have an attorney write her a demand letter. The issue is whether you promised to sell her the 5th wheel, with "only batteries" needed, or if you said, "everything works fine," etc. What promises did you make to her prior to selling it? Those are the types of... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: How do I transfer property from an intestate decedant to the name of the Estate or the Personal Representative?

Need to transfer real estate from intestate decedant to the Estate per Personal Representative

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it legal to have drug dogs for a simple traffic stop
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... Read more »

1 Answer | Asked in Car Accidents for Idaho on
Q: Why is my insurance only offering me ACV instead of replacement value when I was not at fault in a car crash?

I was in a car crash in February, I was not at fault. My vehicle was a total loss. The other drivers insurance accepted liability but the car replacement cost is being handled by my insurance. Even though I was not at fault, my insurance is saying I am only entitled to actual cash value for the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

That is most likely what your insurance agreement provides----ACV for a totaled vehicle. That said, this is awfully unfair and to protect your interests, you should contact an accident/injury lawyer or a general practice attorney or a bad faith insurance attorney in your area and discuss your... Read more »

2 Answers | Asked in Real Estate Law for Idaho on
Q: I used my property to bail out my son on a $100,000 bond.

Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2023

Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How could i go about finding out if my 2nd amendment rights have been restored or not? I completed my probation 4/02/21

My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights

James L. Arrasmith
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answered on Mar 2, 2023

If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Why would co defendant be in a discovery but there is no co defendant in the case ?

I am following the Bryan Kohbergers case and a lot of people are curious as to why a co defendant was listed in the discovery but there there is no co defendant ?

I’ve heard it is just how they do the legal discovery could you explain why they list this when there is actually no co defendant ?

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

My experience in dealing with prosecution offices is that the first Discovery Responses they send out are akin to a sawed off shotgun approach, they're going to list every, single human being who they talked to or originally thought they might want to talk to. It's kind of like a... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: I'm a felon from 25 years ago for drug possession.

I was served with a search warrant for a stolen laptop which I had bought from this person not knowing that it was stolen. During the search they found 26 rifles and apparently 3 were stolen. Again not knowing that they were stolen. I was charged with 26 counts of illegal firearms possession and 4... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

If you are a felon, you may not possess a firearm, period. Regarding the laptop . . . what kind of computer was it? Did you pay full price for it? Did you pay a fair, used price for it? What questions did you ask the seller before buying it? Did the seller "dump" it for a hundred... Read more »

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