Lawyers, Answer Questions  & Get Points Log In
Idaho Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: My daughter who is 2 hasn’t seen her mom since she was 4 months. can I file for abandonment/get her rights removed?

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.

Kevin M Rogers
Kevin M Rogers answered on Oct 25, 2021

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... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: What should I consider before moving out of jointly owned house with our child? Can this hurt me if we later divorce?

My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days,... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Q: Is it legal for an adult aunt to share a bedroom with her teenage niece. We have been told that it is illegal
Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

There is no Idaho criminal law prohibiting an adult female from sharing a bedroom with a family member.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

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... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2021

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... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: can idaho css suspend a drivers license for arrears in child support even after the 5 yr statue of limitations has past?
Kevin M Rogers
Kevin M Rogers answered on Aug 2, 2021

Yes. Idaho has no statute of limitations for collecting child support. Suspending your DL is a Legislative creation. Chapter 12, Title 32. The limitation of 5 yrs. where did you get that? I have made a rather cursory check of the limitations of certain actions in Idaho, and unfortunately, I... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Can my childs mother keep my son from visiting me before court ordered custody is established in idaho

She has been refusing me visitation with our son, i moved to idaho to be near him.

We got married but she didnt turn in paperwork

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2021

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... Read more »

1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Can my husband adopt my daughter without biological fathers consent

My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2021

The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:

1. Petition for Termination. This petition says, the bio father has not acted...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: My daughter was arrested and my grandson was taken into foster care. They refuse to consider me . What do I do?

I was the closest person to this child. He has a bedroom in my home and spent 5 days a week with me. I have never been arrested and have a stable work and homelife. They refuse to even talk to me and tell me why. I feel as though CPS. is just a guise for human trafficing. They are their own... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 10, 2021

What do they tell you as their excuse for not considering you? Do you have any warrants or possibly living with someone on probation or parole? If you can't afford to hire a lawyer then go into the Court Assistance Office and ask them for a Petition for Guardianship and file it with the... Read more »

1 Answer | Asked in Family Law and Child Support for Idaho on
Q: Can the state of Idaho take my money I had prior to the marriage for my husband's back child support?

I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My mom filed abandonment and neglect trying to keep my daughter from me, can I go take my daughter back

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... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

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,... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: I need to get emancipated at age 16

Email me

Kevin M Rogers
Kevin M Rogers answered on May 13, 2021

Unfortunately, Idaho has NO law of emancipation. Idaho law requires all kids to attend school through the 8th grade, so my advise to you is that you attempt to 1) mend fences, stay in school, it won't be too long till you're on your own, yada, yada, yada; or, 2) seek permission to stay... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: How do you change a minors last name

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?

Kevin M Rogers
Kevin M Rogers answered on May 13, 2021

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If cps has taken a child from me, and I'm expecting to have another child. Can cps take my 2nd child away??

What is the process to get my right back, and/or is it even possible in the state of idaho. I currently live in Oregon, my last case was in oregon.

Kevin M Rogers
Kevin M Rogers answered on Apr 9, 2021

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... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Does my ex get to tell me that my fiancé cannot watch my kids? That he right to watch them is revoked?

In our agreement it says that “work related child care” is decided upon both parties. Does this mean that we both have to agree or that we can decide on our own childcare during our own weeks? We have 50:50. My ex told me that she trusts my fiancé and that she is good to watch our kids.... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 22, 2021

Parents often get in fights like this and I always tell them that they're welcome to change what they want and as long as they're getting along but if "push comes to shove," then the "default" is ALWAYS going to be to follow the last order to the "Tee."

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Does sole legal custody in Idaho allow a parent to move out of state even with joint physical custody?
Kevin M Rogers
Kevin M Rogers answered on Feb 1, 2021

Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: how do i get the return of out of state service form?

i have a case and the judicial needs me to file the return of out of state service, however i have filled affidavit of service form which is available through court assistance office. The return of out of state service form is not available there. How do i proceed?

Kevin M Rogers
Kevin M Rogers answered on Jan 28, 2021

You don't need a special form; it doesn't matter in which state this person was served. All you need to do is get ahold of the individual who personally served the person and prepare an Affidavit of Service, just like you got from the Court Assistance Office for the Process Server and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: My ex is trying to get 50/50 custody. I’ve always had primary custody. She’s a teen & he emotionally neglects her.

What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.

With regards to change of custody, that is question that a court would make the final determination. There...
Read more »

View More Answers

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.