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...View More
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must...View More
Hi, I was just wondering if a marriage certificate supersedes a custody order
For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More
The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce...View More
As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the...View More
Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More
No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should...View More
This is a "coparenting" issue. You can communicate with the other parent via "myfamilywizard" and ask why he is not advising you, as a good coparent is supposed to do. I would suggest this app be downloaded on both phones, so that you may communicate with the father.
She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?
If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there...View More
Her mom has been in and out of jail and she doesn’t call or text only reason I know she’s not in jail is because I check her Facebook. But she has had ZERO contact since she was 4 months old. No contact no calls no money nothing.
Idaho used to have a statute that said that a parent who fail to have normal parent/child relationship for over one year without just cause was guilty of abandonment and subject to having rights terminated. I do not know personally why that law was abandoned by the Idaho legislature but it has...View More
Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... View More
It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most...View More
Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your...View More
Yes she can. At this point, until you establish parental RIGHTS to your child, the ONLY thing Idaho gives you are RESPONSIBILITIES! Financial responsibilities. However, just because you're paying child support, that doesn't bestow a SINGLE RIGHT on you. To get RIGHTS to a child, you...View More
There are no laws governing how ling you should wait before introducing your child to new people in your life. However, judges may look at too rapid an introduction as "not good" and jydge you accordingly. There are many "factors" that judges go into when trying to make...View More
The UCCJA "uniform child custody jurisdiction act," says that a child's "home state" is where the child has lived for the six (6) months immediately preceding the filing (of the divorce etc.) that you're talking about. So, first question, where has the child lived for...View More
If you and your husband's children were not adopted by you, then you are in the same position as I would be, if I petitioned to be his children's guardian. You are in a very tough position and likely to hear from your husband's brothers and sisters, possibly parents, who will want...View More
The victim of the registered offender is now married to the offender and it has been 20 years since the offender conviction. The children involved in the custody case have never been harmed by the offender.
The custody court's decisions are appealable. If the Magistrate Judge said "on the record," that she was ignoring ALL EVIDENCE produced by your husband, then the judge's decision is likely to be overturned. On the other hand, recent court decisions...View More
I am the sole custodian of my daughter I fell ill and was unable to care for my daughter in which my mom gladly took the reins so I could recover in which we knew would be a long road to recovery, and agreed that soon as I was stable and able to bring my daughter bak home that she care for her... View More
If you were ill and left your daughter in your mother's care while you recovered, then your mother probably bonded to your daughter, her granddaughter, while you were in Portland recovering. The ONLY thing keeping you from going to your mother's home and walking up to the door saying,...View More
My 10 year old daughter wants to change her last name to her stepfather's. Her biological father has not been in her life since she was 8 months old. We have a child support order against him but he hasnt paid in 7 years. What can I do?
The fact that her father hasn't had any contact with her since she was 8 months old, DUE TO A NO CONTACT ORDER, against the father, is problematic. The fact that he hasn't paid CS in 7 years is irrelevant to your question. Idaho has a statute regarding name change. It is found in Title...View More
If you are in Oregon, why are you worried about Idaho CPS? How would Idaho CPS even know about the birth about to occur in OR? In order to get your child back from Idaho CPS, you need to get a "case plan," and follow it to the letter. If you do, you will get your rights in Idaho back...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.