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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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."
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
Hello, I'm sorry that you're having this trouble. If your mother has not gained any type of legal custody over your children then she would be guilty of kidnapping. The only way that your mother can take your child is through a legal guardianship. This is only done through court. Did you...Read more »
She wants rights to her as well as to fight him in court. She is saying if I don't do this today. Then she will take me and her father to court and I wont have visitation unless supervised. I am her mother and have been with her her whole life. Living with her. I recently got a marijuana... Read more »
This is a pickle! Are you >18? (over 18?) Your mom is probably right (like always, huh?) Even in a great state like Idaho, Marijuana is still illegal and (as you know) Idaho will prosecute you for having it on you. Possession of Marijuana is also a bummer because if you get convicted of it...Read more »
Under "rules of descent," an "adopted child" is equal to a natural child, in every conceivable way. You're the "first born" and that carries a lot of responsibility in a family, but not really legally. Good luck to you!
I live with my grandparents who are my legal guardians. My mother was abusive mentally, my family including my mother is trying to take my baby when I give birth, I live in Idaho are there any laws saying they cant take my baby?
No, there are NO laws which say that your family cannot take your baby. If you are under 18 yrs. old, you are considered a "child" in Idaho. If you had sex with a young man prior to becoming 18, he could be charged with a number of crimes. However, if we look beyond that now, since you...Read more »
A "Motion for Temporary Orders," is difficult to achieve; there will be notice give to you of when the hearing is. You should hire legal counsel to respond to this. However, if you are unable to do so, you need to prepare for doing it yourself. File an "answer" to the...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.