I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried parent of...Read more »
In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that generally...Read more »
If you were never married, you don't want to go near her and your child until you have a court order, if you and she are on the "outs" as far as talking things over are concerned. That's a quick way to invite her to call the police and allege that you did something, anything, which will land you...Read more »
Do you pay CS to the Idaho Department of Health and Welfare, Child Support Receipting? If so, then you will still be required to pay CS for your son even though he says he wants to live with you. In the unlikely event that a court allowed you to pay your son's father directly, then you could...Read more »
A home owned by one party prior to marriage was rented most of the marriage. Rent payments were deposited to a joint bank account prior to paying the mortgage invoice. Will full rent income be reimbursed to the community, or only the amount above what the mortgage payment was? Non owning party... Read more »
In Idaho there is a presumption that property owned by the parties is "community property." The home was owned individually by one party but the income from it was deposited into a "joint account." Once the funds were deposited into their "joint" bank account, the "presumption" of "sole" is...Read more »
I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »
In November 2018 my sister move with me to Idaho a month later she moved back to California and she moved in a motel room she left her dog and I told her that we was going to bring her dog back to her but it's been raining and it's been snowing in Idaho and I told her if she wait to the snow clear... Read more »
Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue...Read more »
Grandparents were granted De Facto Custodian. Court papers state mine and fathers (my ex) visitation to be determined in custody. We never had a custody agreement or court date. This was back in 2017. Since then my daughter has been staying with me conistantly for 3 months and wants to live with me... Read more »
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...Read more »
The Idaho Child Support Guidelines make provision for child support being paid to children of another relationship. It's not a dollar for dollar reduction to current child support, but is is taken into consideration.
My boyfriend passed away unexpectedly in a car accident. His mom has requested half of his ashes. She hasn't been apart of his life since he was very young. His father had full custody of him. We don't feel she deserves half his ashes
His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were...Read more »
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.
We share custody of a 3 year old already and he wanted me and still wants me to get an abortion I refuse. He left me because I wouldn’t do it. He said I either get it and he stays or I don’t and he goes and I will have to pay him child support since I make more money and he wants in the... Read more »
Nope. He is nothing but a sperm donor at this point and can pack sand. When the baby is born he has a choice to make. He can either step up and declare his paternity to the child and immediately assume paying child support, or he can do nothing, have you let authorities know who the father is...Read more »
Have you tried Idaho Legal Aid or the Idaho State Bar to see if there may be a lawyer wanting to do some pro bono work? Short of that I would evaluate your interest in the case to determine whether hiring a lawyer might be worth selling your ATV or your card collection or your 2nd automobile or...Read more »
I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell the... Read more »
high conflict custody case where judge has ordered in custody modification there is to be no contact of any kind between my daughter and her husband who is in prison. my daughter 6 says her mom allows her to talk to him during her time, i have full custody. I called prison and they said theyd open... Read more »
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...Read more »
A judge has a lot of latitude to say what he feels will impact someone he is speaking to or sentencing or ruling on a request for ROR or lowered bond etc. Judges have an ethical duty to be courteous and to treat every person who comes before the court with dignity....Read more »
4 out of 6 of his children he doesn't have any contact with nor will they allow him any contact. 2 of them live out of state and the other 2 live 45 minutes away. He also wants to adopt my 5 year old when we get married due to him being the only "Dad" she has ever known.
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...Read more »
My ex husband and I have 50/50 but for the past 2 years I have had our kids full time. where he only see them every other weekend. For the past 4 year he as not been following the parenting plan, has been putting the children in the middle and talking bad about me in front the children. I have... Read more »
Your ex-husband is obviously a jerk and you're lucky to be free of him. His girl friend is also less than a lady. She has absolutely NO PARENTAL RIGHTS WHATSOEVER to those kids, period. You have NO obligation to let her have them on "his time," and no Magistrate will ever hold you in contempt...Read 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.