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Idaho Family Law Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: How would someone transfer guardianship, of an adult, to another person?
Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.

This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If all the person...
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1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Is it possible to file to have parental rights removed of a parent if the people who are adopting are not married

I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options

Kevin M Rogers
Kevin M Rogers answered on Sep 18, 2019

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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: I'm only seeing my son twice a week. I want what's best for my son with out the drama with my x girl. Where do I start?
Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

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 »

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I’m mother child support for my ex husband to taking care my son now he is 15yrs old now I’m moving to different state

My son he said he want living with me do I still pay child support for my ex husband?? Or he have to pay me back ??? Or what can you answer me please I appreciate

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

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 »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: How will the value of a separate property home be divided?

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 »

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

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 »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: I'm starting custody with my ex. I'm needing some deeper advice.

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 »

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor...
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1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on
Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

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 »

Kevin M Rogers
Kevin M Rogers answered on Mar 14, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: What are my rights as a parent if grandparents were granted De Facto Custodian

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 »

Kevin M Rogers
Kevin M Rogers answered on Dec 3, 2018

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 »

1 Answer | Asked in Child Support and Family Law for Idaho on
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

Handled with paying child support for possible new baby

Kevin M Rogers
Kevin M Rogers answered on Nov 12, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Are you able to help in the Idaho falls are?
Kevin M Rogers
Kevin M Rogers answered on Nov 12, 2018

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.

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Q: can I stop my boyfriends mom from taking half of his ashes?

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

Kevin M Rogers
Kevin M Rogers answered on Nov 3, 2018

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 »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: How do I start a custody case?
Kevin M Rogers
Kevin M Rogers answered on Oct 15, 2018

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.

1 Answer | Asked in Family Law for Idaho on
Q: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

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 »

Kevin M Rogers
Kevin M Rogers answered on Oct 15, 2018

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 »

1 Answer | Asked in Family Law for Idaho on
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

How can I file a response on my own and what do I do

Kevin M Rogers
Kevin M Rogers answered on Oct 10, 2018

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 »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
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

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 »

Kevin M Rogers
Kevin M Rogers answered on Oct 10, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: how do i find out if my daughters mom is allowing phone calls with her husband in prison when judge ordered no contact?

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 »

Kevin M Rogers
Kevin M Rogers answered on Oct 10, 2018

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 »

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
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."

He is 16 yrs oldHe did not test dirty when he was arrested but has prior.can and how do i go about filing a complaint?

Kevin M Rogers
Kevin M Rogers answered on Jun 21, 2018

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 »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
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?

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.

Kevin M Rogers
Kevin M Rogers answered on May 24, 2018

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 »

1 Answer | Asked in Family Law for Idaho on
Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

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 »

Kevin M Rogers
Kevin M Rogers answered on May 15, 2018

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 »

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