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Idaho Family Law Questions & Answers
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 »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

I live in Idaho. Is this my property because of this or is my ex entitled to 1/2? Thanks

Paul Waldron
Paul Waldron answered on Jan 31, 2018

The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you purchased the...
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1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer
Kurt Holzer answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

1 Answer | Asked in Contracts, Family Law, Juvenile Law and Social Security for Idaho on
Q: Can I sue my mom for not paying me money she owes me?

I am 17. Roughly two years ago when my baby sister was first born, my mother agreed to pay me $20 every time she was gone more than two hours and I had to watch the baby. Well, she now owes me over $600 and there has been multiple instances where she has left me overnight alone with my 5 younger... Read more »

F. Anthony Bullock
F. Anthony Bullock answered on Dec 20, 2017

Courts in most states would construe such an arrangement as a gratuitous promise, unsupported by consideration, and therefore unenforceable at law. In short if you attempted to engage in litigation to recover the requested sum it is unlikely that you will be successful.

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Q: can a person with no amercian citizenship visit a incarcerated?

Hi!

im from europe and i have a boyfriend in usa Idaho orofino prison, we known each other for 4 years and i want to visit him, but we dont know if its even possible that someone out of States could visit an inmate? please help me, i have contacted several lawyers and never got a specific... Read more »

Jordan C. Moody
Jordan C. Moody answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

1 Answer | Asked in Family Law for Idaho on
Q: What forms do I need to unsuspended my parental rights? How do I?

The original case was closed as the guardians divorced. My rights have been willfully suspended not terminated. Nor were his mothers. If I reopen the case does she have as much chance at getting him?

He is 13 and competent. Can he choose? But I really need to know what forms to file as... Read more »

Natalie Greaves
Natalie Greaves answered on Oct 10, 2016

I'm a bit confused as to the details of your question. I can't tell who your son lives with now, if there is a guardianship case that is designating who is his guardian, or if you are talking about custody. I'm also unsure jurisdictionally whether the case would be in Montana (where the child... Read more »

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

Only ones homeless after 10 months mean while naybors got put in house 5 days after fire. Fire was leaky water heater & xploded. Nay,rs stored 3 tall oxygen tanks in front of gas water heater.

HELP I NEED A LAWYER FAST AS FIRE WAS AUGUST 3 2015. IM NOT SURE WHAT MY STATUE OF LIMITATIONS IS... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Can make a case against my dad for neglect after being left home alone at time from the ages of 6-8 years old?

I am 20 years old now and I am wondering if I can get a settlement for neglect from my dad for leaving me in his house alone for hours when I was between the ages of 6-8 years old. My dad fought for 50% custody when my parents got divorced. Now from what I know that means he would take me one week... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 23, 2015

You have no cause of action against you Dad. It is unfortunate, you just need to move on. Good luck.

1 Answer | Asked in Family Law for Idaho on
Q: Do I need to file for divorse in the state it was issued or the state I live in.
Robert Jason De Groot
Robert Jason De Groot answered on Sep 14, 2015

Go see a local family attorney about this. The attorney will determine where it needs to be filed. Usually, that is where the people last resided together, not the state they were married in.

1 Answer | Asked in Family Law and Divorce for Idaho on
Q: Im the husband. im dissabled for i have m.s. my wife asked for a divorce i dont workcan i get suport from her 25 yearsm
Patrick Kershisnik
Patrick Kershisnik answered on Jan 27, 2011

Idaho allows for spousal support in certain circumstances. Idaho Code 32-705 says that support can be awarded if one party lacks sufficient property with which to provide for their reasonable needs AND is unable to support themselves through employment.

You can always ask for support and if...
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1 Answer | Asked in Family Law for Idaho on
Q: I broke up 10 days b4 wedding, my fiances parents atty sent me a demand for the cost of their flights, do i pay or ignor

10 days before I was to get married, i realized it was a big mistake. I broke off the engagment and my fiance's parents' atty sent me a demand letter for the cost of their flights (and their 6 kids flights) as well as rental car cost for 10 days to me... i do not think they even tried to cancel... Read more »

Patrick Kershisnik
Patrick Kershisnik answered on Jan 27, 2011

Firstly, I think you should respond to their letter and tell them that their claim is unsubstantiated. You did not make or require that they purchase the tickets or the car rental in the first place. They did that on their own accord and for their daughter's wedding. I would also mention the... Read more »

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