Lawyers, Answer Questions  & Get Points Log In
Idaho Family Law Questions & Answers
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!

1 Answer | Asked in Family Law for Idaho on
Q: Do I legally have to give the gifts Back to my ex That he gave Me?

My boyfriend and I broke up and demanded that I send him everything back that he gave me including a laptop, stuffed plushes, and anything else. If I didn’t have it he says he wants the money back for those gifts. He lives in California I live in Idaho. He says will take me in front of a judge if... Read more »

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

“Gifts” are gifts! You have NO legal responsibility to give back ANY gift he gave you. If he’s (petty and stupid) not careful he’ll don’t stupid things like shame you on social media or worse, post your intimate photos on social media, which is a crime called “voyeurism.”

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.

View More Answers

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...
Read more »

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...
Read more »

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 »

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.