Idaho Family Law Questions & Answers

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: Already paying for my 2 kids child support and now might be a dad with girlfriend and want to know how is that handled

1 Answer | Asked in Child Support and Family Law for Idaho on
Answered on Nov 12, 2018
Kevin M Rogers' answer
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.

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: can I stop my boyfriends mom from taking half of his ashes?

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Answered on Nov 3, 2018
Kevin M Rogers' answer
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 never married to him and have absolutely no say in the matter. I’m sorry.

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: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

1 Answer | Asked in Family Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
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 and the Idaho Dept. of Health and Welfare, Children's Services, will contact him and let him know that they have started a case and he needs to begin paying child support. At some point he may demand a...

Q: I need to file a response to a petition for custody of my minor children. I can't afford a lawyer. how can I file that

1 Answer | Asked in Family Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
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 your camping equipment? I can’t imagine trying to do this by yourself.

Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

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: Is it ok for the judge to say "well what do you want me to do hes a danger to himself the community hes a meth head."

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Answered on Jun 21, 2018
Kevin M Rogers' answer
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.

https://judicialcouncil.idaho.gov/pdf/Idaho_Code_Judicial_Conduct_06_17.pdf

It sounds from your question as if the court is actually speaking to the parents? of the youth?

As far as filing a complaint,...

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...

Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

1 Answer | Asked in Family Law for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
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 for failing to let some stranger watch your children on HIS time rather than let you have the kids in that situation. Remember that as long as nobody complains about not adhering to the Divorce Decree...

Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

1 Answer | Asked in Divorce and Family Law for Idaho on
Answered on Jan 31, 2018
Paul Waldron's answer
The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you purchased the vehicle? Did you put your ex's name on the title of the vehicle? Did you also use marital funds to purchase, repair, maintain or insure the vehicle? If so, it is likely that you commingled that...

Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Answered on Jan 12, 2018
Kurt Holzer's answer
The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

Q: Can I sue my mom for not paying me money she owes me?

1 Answer | Asked in Contracts, Family Law, Juvenile Law and Social Security for Idaho on
Answered on Dec 20, 2017
F. Anthony Bullock's answer
Courts in most states would construe such an arrangement as a gratuitous promise, unsupported by consideration, and therefore unenforceable at law. In short if you attempted to engage in litigation to recover the requested sum it is unlikely that you will be successful.

Q: can a person with no amercian citizenship visit a incarcerated?

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Answered on Sep 28, 2017
Jordan C. Moody's answer
That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

Q: What forms do I need to unsuspended my parental rights? How do I?

1 Answer | Asked in Family Law for Idaho on
Answered on Oct 10, 2016
Natalie Greaves' answer
I'm a bit confused as to the details of your question. I can't tell who your son lives with now, if there is a guardianship case that is designating who is his guardian, or if you are talking about custody. I'm also unsure jurisdictionally whether the case would be in Montana (where the child lives) or whether there was an Idaho case already establishing jurisdiction in Idaho. In short, your case seems very complicated. I would suggest you use the feature to find an attorney and discuss the...

Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Answered on Jul 1, 2016
Peter N. Munsing's answer
Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?

Q: Can make a case against my dad for neglect after being left home alone at time from the ages of 6-8 years old?

1 Answer | Asked in Divorce and Family Law for Idaho on
Answered on Sep 23, 2015
Leonard R. Boyer's answer
You have no cause of action against you Dad. It is unfortunate, you just need to move on. Good luck.

Q: Do I need to file for divorse in the state it was issued or the state I live in.

1 Answer | Asked in Family Law for Idaho on
Answered on Sep 14, 2015
Robert Jason De Groot's answer
Go see a local family attorney about this. The attorney will determine where it needs to be filed. Usually, that is where the people last resided together, not the state they were married in.

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