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Idaho Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for Idaho on
Q: My sister recently resigned as guar/consr. She is withholding all dads mail and I know she's hiding something.

What can I do?

Kevin M Rogers
Kevin M Rogers answered on Oct 18, 2020

Has a sister to one of the future devisees, you have the right to demand a copy of the checking account (or anything else) and if she does not comply, you simply file a petition for removal.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Changing over or adding a custodian for a child

My son has lived with his grandmother most of his life and she has custody of him. I have recently amended things and have been in contact with my son and grandmother. He is now 17. I have not had custody since I gave him up when he was a baby as I could not care for him. The other parent is... Read more »

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

Your son will be an "adult" probably by the time you read this and you won't need to do anything. However, if you're aching to pay a lawyer to do something, you need only make a phone call to the grandmother and say, "hey grandma, since we have agreed to let my son come... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: We have a Family Trust - my mother is the sole owner. 4 siblings. Who legally makes the financial decisions?
Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Your mother is the "sole owner" of what? The Trust? The real property?

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

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

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My ex won’t give me an address to serve him custody papers. What do I do?
Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2020

Several ways. First does ex have a lawyer? The Rules say that service on the lawyer IS service to your ex; second, if you know what state and city he lives in, your attorney can draft a motion for publication of Summons and if approved by the court, your papers will be deemed "served"... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Idaho on
Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... Read more »

Shawna Murray
Shawna Murray answered on Aug 22, 2020

I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

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1 Answer | Asked in Family Law for Idaho on
Q: I signed the affidavit of paternity under the influence of pain medication after birth, can I withdrawal my signature

I was intoxicated on prescription pain medication from after birth pain ifell asleep a few times on the way to sign the acknowledgment. On top that I didn’t really understand the paper at all. Can I withdrawal my signature? My child’s father was going to break up with me and kick me out if... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Did you know where you were when you signed the acknowledgment?

Did you sign with your own pen?

What medication were you taking?

What was your recommended dose?

What time are you supposed to take it?

What time did you actually take it?

Why would you...
Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Idaho on
Q: Is it legal to not allow a biological mother to see her children if there is no court orders?

I feel I have been wrongfully alienated from my sons. They are now adopted by thier paternal grandparents, to which I know that my sons will have to seek me when they come of age. With that being said I feel they took advantage of me, had me sign my rights over unwillingly, and had alienated me... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Once the adoption took place, water passed under the bridge and there's no going back. Your desires to see them notwithstanding, you should not bother the paternal grandparents and NEVER make an attempt to see your sons. If they're curious when they come of age, they will seek you out,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can a parent with temporary custody in Oregon go back on a mutual agreement and decide to go strictly by the RO?
Kevin M Rogers
Kevin M Rogers answered on Jul 23, 2020

Yes, and judges will approve because courts are willing to acquiesce (notice I didn't say "approve") to people "doing their own thing," I'd be lying if I told you that they're happy about it. When those "private agreements" don't work between the... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Can someone get out of a marriage if one of the witnesses signed the marriage certificate with her maiden name?
Kevin M Rogers
Kevin M Rogers answered on Jul 23, 2020

There must be two witnesses but I couldn't find a single, reported appeal to refer to. So I will just tell you that depending on how long you have been married you might be able to seek an annulment? But since annulment isn't guaranteed, but a divorce is, why not simply divorce him?

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My ex has cut off all contact between my son and I. Is that legal?
Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2020

Of course it is "legal," but shouldn't be. There SHOULD be a law prohibiting both parents from slandering or saying anything about the other parent to the children. This is called "alienation of affection," and it does more harm to children than any other kind of abuse... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?

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

Yes, that's exactly what you do.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: in the state of Idaho Are CASA workers allowed to go through your belongings and disclose information..?

this CASA worker Found some cigarette butts in my closet’s on my patio took a picture and then went to the property manager at my apartments and disclosed that I’ve been smoking on the patio and showed them the pictures she took

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

CASA stands for "Court Appointed Special Advocate." It is a national program. Some states contribute to its funding, others don't. It receives national funding. If a CASA "volunteer" is involved in your case, it's because a judge appointed them to be involved. If... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: If I am 16 and having a baby and my boyfriend is 17 can we get married without parental consent in Idaho

I live in a small room with my boyfriend and we want to get married because we are having a baby and want to get our own place so we have room for our daughter and us getting is really what we want to do so can we without parental consent considering we are about to have a baby

Kevin M Rogers
Kevin M Rogers answered on Jul 13, 2020

Does your bf have a job? How much are you two paying for your "small room?" Are you going to stay home and raise your daughter? Is your soon-to-be husband going to supporting you and your daughter? Idaho judges are going to ask you those questions. You are going to have to be able to... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My nieces husband is fighting for custody of his daughter...my niece and her husband moved into my house

To eventually purchase it...can i still reside on the property in a tiny house

Kevin M Rogers
Kevin M Rogers answered on Jul 13, 2020

Until they evict you.

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: What should I do if I paid my ex wife child support directly to her bank acct and she opened a case with DES.

She claims I owe over $60k and I have bank statements. What is my beat option. All my taxes go to her and even my stimulus check went to her.

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

Your Divorce Decree told you to pay Child Support through "Child Support Receipting." If you had done what the court ordered you to do you would be able to have H&W print out a complete record of your payments. However, because you chose to pay it the way YOU wanted, you will be... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Is there anything I can do about someone calling welfare checks on my children for false reasons?

We've had 2 welfare checks and 1 cps visit in the last month regarding our children. Both the cops and the cps worker told us the kids have nothing like whats being reported. It is extreamly stressful.

Kevin M Rogers
Kevin M Rogers answered on Jun 21, 2020

If you knew WHO (for certain) was making false charge calls (that’s the key) then a police officer might take a report from you for “disturbing your peace” or “filing a false police report,” both of which are misdemeanors!

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Served by non-certified mail?

I just had a default judgment against me and lost custody to my daughter for a court date I never even knew existed. It says I was served by mail. I never received anything in the mail regarding this. How is this property way to serve someone? Is this legal in Idaho? How can they get a judgment... Read more »

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

Nope. You were not legally served. You can file a Motion to Set Aside the default. I help people do this once in awhile!

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