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Idaho Family Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Son had a child with an underage girl. Judge has included 5 yr NCO on release. She's 18 and wants NCO lifted. Possible?

He was 20 and she 16 at birth of child. Hospital reported. Both wish to marry. He's now 22 and set for release, but with 5 year NCO. She's 18 and wants a relationship. They have a 2 year old son together. No contention from family on either side. Can she request it be lifted as a... Read more »

Kevin M Rogers
Kevin M Rogers answered on May 15, 2020

She can ALWAYS petition to lift the NCO! It may or may not be granted . . . depending on the personal, self-righteousness of the judge you’re in front of.

2 Answers | Asked in Family Law and Tax Law for Idaho on
Q: Why does my ex husband get to claim our kids on his taxes? I have sole custody of them. He sees them 4x a month.

He does pay child support but this doesn't seem fair. The order was put in place by an attorney hired by Heath and welfare.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 10, 2020

Because the order says that he can and he's current on support. If you wish to change that you need to file to modify the order. Depending on your state domestic laws it may effect the support amount or other items on the order.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Idaho on
Q: In the state of idaho can a minor of age 16 apply for court emancipation?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Yes. She will need to convince the Court that she has some place to live and some way to support herself and that she’s either got wheels and insurance OR good bus service wherever she (or her baby) needs to go!

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If I were to petition the court for a parents rights to be revoked would they contact the parents during that time?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Nope! You’d have to notify the parent by sending him a copy of the Petition. It’s called “procedural due process.” No parent’s rights could be terminated without notice to him under the Fourteenth Amendment.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Is there anything I can do to make sure my daughters cell phone stays on and with her at night when she’s at her dads?

Just recently her phone started to be taken away and shut off at night. I have gotten 3 different responses as to why. I decided to buy her a phone under my plan hoping that it being mine he wouldn’t turn it off and now he is telling me it’s not welcome in his home.... I don’t call or text... Read more »

Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Hi Dad,

First, that wish of yours IS reasonable, to know that she can call you anytime, day or night if she’s in trouble or wants to talk to you! Secondly, you ARE out of luck (if step father says no) because this current “dispute” doesn’t constitute a “material, permanent change...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my husband's ex use recordings she had our 14 year daughter record of us talking to our son w/out our knowledge?

My husband's ex slapped us with a emergency sole custody modification order and a restraining order using a picture she had my son send her and audio recordings she had my daughter record of my husband and I having a private conversation with my son. Is this legal? Can my daughter give... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 16, 2020

Short answer: in Idaho only one party to a recording must give permission. However, it’s not your daughter that gave consent is it? It’s your husband’s ex-wife. So yes SHE can do that, but why does it matter to you? What was depicted in the photo? A little more information please?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Ex bought my 9-yr-old daughter a smart phone without my permission. Do I have to allow her to use it?

Long-standing rule in my house (and in my sister’s house for cousins) is that you get a phone when you’re 10. My older daughter (not ex’s bio child) got a reg phone at age 10 (while I was still with ex). Ex told me that he bought it and it will be used at my house “end of discussion”. I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 6, 2020

Let me put this in simple terms: "NO," you don't have to let her have a phone while she's with YOU (unless it specifically says you must in your divorce / custody decree), but the bigger question:

1. Is this a "hill you're willing to die on?" In other...
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1 Answer | Asked in Family Law for Idaho on
Q: What can I do about a runaway

I have a 15 year old who has ran away two times now and I can't control him. I'm worried about it happening over and over again. What legal options would I have if I had to go a legal route

Kevin M Rogers
Kevin M Rogers answered on Apr 6, 2020

Idaho has created an entire section in the code dealing with "at risk" youth. If you follow the statutory scheme, you would simply call the police and report what you're concerned about. Officers with any experience at all, will come visit with you and make a report. They will... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: My grandsons are in custody of their father. How, as a grandparent, do I proceed to get visitation?

My daughter and husband are going through divorce. After years of game playing between them, the judge has placed custody to their dad. So now me and my wife need to know how to procede.

Kevin M Rogers
Kevin M Rogers answered on Apr 6, 2020

In Idaho the Legislature has created a statutory right of grandparents to get their own visitation with a grandchild, irrespective of either parent's current custodial arrangement or order. To file such a petition you need to file a Petition for Grandparent Visitation and show that such... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: If a parent moves outta state shouldn't that change the visitation ?

Since we went to court a year ago she has quit her job, gotten divorced, and moved outta state(8 hr round trip if no delays) and she still wants to come get him every other weekend and take him back to where she lives now (at a camp ground)......she bailed on him before he turned 3 and has only... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

If you want to spend a lot of money on a lawyer to try to keep her from from your son from his mother who has been “in his life” for the past 2 years, no drug use, nothing but poverty AND despite her poverty she is willing to drive 4 hours 1-way to spend time with her son - you’d better have... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Does having my live in girlfriend (of 9 years) watch my daughter count as work related childcare?

My girlfriend has been in my daughter's life for as long as i have, but my ex doesn't want her to be able to watch my daughter. Where i come from, that's called a family. Not childcare. My ex is angry because i mentioned that i have the right of refusal over daycare, her neighbors,... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

1. Did she charge you to watch your daughter?

2. Did you keep a record of all the money you paid her?

If your answers to either of those questions is “no,” then the answer is no.

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Is a judges court deputy allowed to Facebook message us telling us what we need to do an ongoing custody case?

The judge on a custody case in Idaho is actually friends with the other party. He won't allow any evidence to be submitted through court and has so far ignored our evidence, or refusing to allow the evidence into court at all. Now his court deputy is messaging us on Facebook telling us that... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

If what you say is correct, then you need to file a Motion for Disqualification under ICR 25.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: While under protective supervisions with my children from the department of health and welfare can I leave state

Under protective supervision

Kevin M Rogers
Kevin M Rogers answered on Feb 19, 2020

Ask your case worker. You don’t want to leave the state or move across town or change jobs or get a piercing without speaking with your case worker!

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what... Read more »

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1 Answer | Asked in Family Law and Child Support for Idaho on
Q: divorce decree says she pays 30% of all medical bills, how do I go about billing her for her portion.

according to my divorce decree my ex is supposed to pay 30% of medical bills, I have paid over 6K in ortho bills for our kids, I want to give her a bill for her portion of it. can I just write up something and have it notarized with a copy of the paid bills?

Kevin M Rogers
Kevin M Rogers answered on Feb 7, 2020

Yes, that's exactly how you do it. Send her an email and attach a copy of the ortho bill and ask her to please pay 30% of it. It is not necessary that you have anything notarized. You simply need to ask your ex to pay it, by supplying her with a true and correct copy of the entire bill and... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: I have done sign my right away before my daughter born,but my ex never filed it... then my ex

Then my ex and her husband were adopting my daughter and she ask me to sign my right away again for the second time! It was half way process and had to pay 9k for stuff suddenly it went up 50k it cost my parents money to help me get thou. I waited waited. I want to get it done bam 6 month... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 7, 2020

I want to tell you what you should do.

First off, Idaho would not allow you to "sign off" rights to your daughter UNLESS there is someone willing to adopt her. In your case, your ex-wife did not give your daughter your last name and wanted to adopt her daughter as much as you...
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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...
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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... 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... 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,... Read more »

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