Idaho Child Custody Questions & Answers

Q: Do both parties in a divorce case mediation get served papers? Thank you

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Idaho on
Answered on Dec 23, 2018
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.

Q: What are my rights as a parent if grandparents were granted De Facto Custodian

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Dec 3, 2018
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...

Q: Are you able to help in the Idaho falls are?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Nov 12, 2018
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.

Q: a 17 yr old father wants to know if he can get his child custody back

1 Answer | Asked in Child Custody for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
I don’t know what you mean? Please re-read what you just wrote and submit it again.

Q: How do I start a custody case?

1 Answer | Asked in Child Custody and Family Law for Idaho on
Answered on Oct 15, 2018
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.

Q: how do i find out if my daughters mom is allowing phone calls with her husband in prison when judge ordered no contact?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Oct 10, 2018
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.

Q: If paid, will a lawyer make a phone call on your behalf to potentially resolve a dispute before legal action is needed?

1 Answer | Asked in Child Custody for Idaho on
Answered on Jun 22, 2018
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.

Q: In the state of Idaho. Is a custody petition legally binding once it’s been filed and served to the petitioner.

1 Answer | Asked in Child Custody for Idaho on
Answered on Jun 22, 2018
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."

Q: Will taking my ex to court for full while he is away make me look bad?

1 Answer | Asked in Child Custody and Civil Rights for Idaho on
Answered on Jun 22, 2018
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...

Q: My Fiance wants to give up rights to 4 of his 6 children but wants to adopt my 5 year old. Will he still be able to?

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Answered on May 24, 2018
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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