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Idaho Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Idaho on
Q: In Idaho, do you need a "Family Law Case Information Sheet" if you're adopting an adult?

The county clerk wanted me to fill out the portion where it asked for information about the minor child. I kept telling her that the adoptee is an adult and told her that the adoptee's information is on the other documents. She then crossed out the word child and then said I must fill in the... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

The Idaho Rules of Family Law Procedure have a requirement that each litigant fill out a Family Law Case Information Sheet. If you don't want to adhere to the Family Law Procedure, the Clerk will reject your filings. Pretty simple.

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: Is there a way you can add a child to an existing custody agreement?

The first and newest child have the same father.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Yes, the Idaho Rules of Family Law Procedure have a rule which allow the parties to add new parties. A new child, born during the litigation, should fall into this category.

1 Answer | Asked in Family Law for Idaho on
Q: Im 18 in 4 months. But im trying to leave my home ASAP. Is it possible for me to leave?

I have plenty of people willing to take me in and pay for everything I need so i can focus on school. I feel there has to be a way for me to leave so I can do this. My parents keep acting like im lying to them and are forcing me to have a job while doing schoolwork. It is way too much for me and I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 1, 2023

In 4 months, you can leave and go where ever you want to go! However, under Idaho law until you’re 18 years old, you’re (lucky) still considered a “child,” and worthy of protection! Just try to be patient for four more months!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: If I have legal guardianship over my 16 yr granddaughter am I able to let her live with her 30 yo sister out of state

Her parents both lost legal custody of her when she was 8 and I have full guardianship over her.

Kevin M Rogers
Kevin M Rogers
answered on Mar 31, 2023

Yes you can. You have every power and authority that a birth parent would have.

1 Answer | Asked in Family Law and Elder Law for Idaho on
Q: If I get Guardianship/Conservatorship over my father's estate what happens to the Power of Attorney

that my father gave his live in girlfriend ?

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

It will instantly VOID the Power of Attorney he gave the GF!

1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Does a no contact order apply if charges weren't pressed but the two parties were separated do to a domestic dispute
Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

NOPE. Foul!

If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there...
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1 Answer | Asked in Family Law for Idaho on
Q: I signed my parental rights over of my son to his aunt but it wasn't notorized is it still legal and can it be used

His grandma has temp guardianship and I want my son back I didn't mean to sign my rights over to the aunt what do I do

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... View More

1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... View More

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
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1 Answer | Asked in Family Law for Idaho on
Q: Looking for a lawyer or somebody that can just help me do response to a petition to modify it order judgment or decree
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Most attorneys are reticent to simply "help" someone prepare a "Response to Petition."

Why? Several reasons:

1. He will do much more work in helping you, then you feel like paying him for;

2. You will feel comfortable calling him several times,...
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1 Answer | Asked in Family Law and Tax Law for Idaho on
Q: Does pro rata payment of the value of the tax exemptions" mean her part of taxes is included in child support each month
Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

The short answer is YES.

There are several exemptions, credits and deductions in the tax code. The Idaho Child Support Guidelines, which are found in the new, Idaho Rules of Family Law Procedure, are confusing to say the least on this. Here are some points to consider:

1. The...
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1 Answer | Asked in Family Law for Idaho on
Q: My ex spouse received stimulus money for child but doesnt even see child. Is there anything i can do about that?
Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2021

Does the Stimulus Program dictate that only mother's with minor children at home will receive any money? I could be mistaken, and have been many times, but I don't think Congress created that program for ONLY single mothers, with minor children at home. Are you sure you're not... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: My daughter who is 2 hasn’t seen her mom since she was 4 months. can I file for abandonment/get her rights removed?

Her mom has been in and out of jail and she doesn’t call or text only reason I know she’s not in jail is because I check her Facebook. But she has had ZERO contact since she was 4 months old. No contact no calls no money nothing.

Kevin M Rogers
Kevin M Rogers
answered on Oct 25, 2021

Idaho used to have a statute that said that a parent who fail to have normal parent/child relationship for over one year without just cause was guilty of abandonment and subject to having rights terminated. I do not know personally why that law was abandoned by the Idaho legislature but it has... View More

1 Answer | Asked in Family Law for Idaho on
Q: What should I consider before moving out of jointly owned house with our child? Can this hurt me if we later divorce?

My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?

Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2021

You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days,... View More

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Q: Is it legal for an adult aunt to share a bedroom with her teenage niece. We have been told that it is illegal
Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2021

There is no Idaho criminal law prohibiting an adult female from sharing a bedroom with a family member.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

Kevin M Rogers
Kevin M Rogers
answered on Sep 3, 2021

Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your... View More

1 Answer | Asked in Family Law for Idaho on
Q: can idaho css suspend a drivers license for arrears in child support even after the 5 yr statue of limitations has past?
Kevin M Rogers
Kevin M Rogers
answered on Aug 2, 2021

Yes. Idaho has no statute of limitations for collecting child support. Suspending your DL is a Legislative creation. Chapter 12, Title 32. The limitation of 5 yrs. where did you get that? I have made a rather cursory check of the limitations of certain actions in Idaho, and unfortunately, I... View More

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