Kevin M Rogers' answer Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT say that what you've paid is a "gift," on behalf of your child. It's always best to go to court and let the court set a payment consistent with the Child Support Guidelines.
Kevin M Rogers' answer Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.
Kevin M Rogers' answer The word "defacto" means something which exists in reality, whether authorized by law or not. Your parents therefore have some rights to guardianship at least to their granddaughter. They obviously do not have "legal custody," which can only be obtained by going to court or bestowed by birth to parents. So, the question comes to mind, why were your parents given the temporary custody of your daughter originally? If it was because you were temporarily unable to care for your daughter then...
Kevin M Rogers' answer Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.
Kevin M Rogers' answer The Idaho Rules of Family Court Procedure say that in order to begin a custody case you file a Petition. I certainly don't recommend that ANYONE do this by themselves. You need to consult with an Idaho attorney and let him advise you.
Kevin M Rogers' answer You’re not entitled to do discovery without filing a complaint first. Who would you sue? For what? Idaho Administrative Rules don’t allow you to get that information and the prison definitely wouldn’t open itself to scrutiny and possible charges if they gave you the private telephone records of one of their prisoners. Sorry! You may need to call your daughter as a witness to explain what she knows her mother is doing.
Kevin M Rogers' answer Absolutely! But the lawyer will refuse to represent to the person he calls, that he will take action or that he's been "retained," so it's arguable what good a phone call like that, even from a lawyer would do.
Kevin M Rogers' answer A "Petition" is simply you asking the court to do something. That's it. Nothing has been done by just filing a Petition for anything. If the father of the child has established "rights" in visitation and simply wants to exercise his rights, the mother should allow him to. If the father has never established legal rights to see the boy through the courts, then taking the son from the mother without her consent is a crime. Its called "child custody interference."
Kevin M Rogers' answer In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be significant and ongoing. It won't look bad if you file while he's away, you just might want to wait till he comes back so you can serve him though. You could file while he's away but the court won't...
Kevin M Rogers' answer That's a really good question. Adoption is not a misterial act by a judge. It requires a Petition for adoption and the Magistrate WILL examine the Petition, which includes all kinds of information and the question probably will come up at some point: why would you want to adopt someone else's children but refuse to support and love your own? Moreover, a natural parent is legally unable to voluntarily give up the support of his natural children unless there is a new man in the picture...
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