Get free answers to your Family Law legal questions from lawyers in your area.
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
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](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
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
She has been refusing me visitation with our son, i moved to idaho to be near him.
We got married but she didnt turn in paperwork
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jul 30, 2021
Yes she can. At this point, until you establish parental RIGHTS to your child, the ONLY thing Idaho gives you are RESPONSIBILITIES! Financial responsibilities. However, just because you're paying child support, that doesn't bestow a SINGLE RIGHT on you. To get RIGHTS to a child, you... View More
My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jul 6, 2021
The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:
1. Petition for Termination. This petition says, the bio father has not acted... View More
I was the closest person to this child. He has a bedroom in my home and spent 5 days a week with me. I have never been arrested and have a stable work and homelife. They refuse to even talk to me and tell me why. I feel as though CPS. is just a guise for human trafficing. They are their own... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jun 10, 2021
What do they tell you as their excuse for not considering you? Do you have any warrants or possibly living with someone on probation or parole? If you can't afford to hire a lawyer then go into the Court Assistance Office and ask them for a Petition for Guardianship and file it with the... View More
I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jun 3, 2021
No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint... View More
I am the sole custodian of my daughter I fell ill and was unable to care for my daughter in which my mom gladly took the reins so I could recover in which we knew would be a long road to recovery, and agreed that soon as I was stable and able to bring my daughter bak home that she care for her... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jun 3, 2021
If you were ill and left your daughter in your mother's care while you recovered, then your mother probably bonded to your daughter, her granddaughter, while you were in Portland recovering. The ONLY thing keeping you from going to your mother's home and walking up to the door saying,... View More
Email me
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on May 13, 2021
Unfortunately, Idaho has NO law of emancipation. Idaho law requires all kids to attend school through the 8th grade, so my advise to you is that you attempt to 1) mend fences, stay in school, it won't be too long till you're on your own, yada, yada, yada; or, 2) seek permission to stay... View More
My 10 year old daughter wants to change her last name to her stepfather's. Her biological father has not been in her life since she was 8 months old. We have a child support order against him but he hasnt paid in 7 years. What can I do?
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on May 13, 2021
The fact that her father hasn't had any contact with her since she was 8 months old, DUE TO A NO CONTACT ORDER, against the father, is problematic. The fact that he hasn't paid CS in 7 years is irrelevant to your question. Idaho has a statute regarding name change. It is found in Title... View More
What is the process to get my right back, and/or is it even possible in the state of idaho. I currently live in Oregon, my last case was in oregon.
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Apr 9, 2021
If you are in Oregon, why are you worried about Idaho CPS? How would Idaho CPS even know about the birth about to occur in OR? In order to get your child back from Idaho CPS, you need to get a "case plan," and follow it to the letter. If you do, you will get your rights in Idaho back... View More
In our agreement it says that “work related child care” is decided upon both parties. Does this mean that we both have to agree or that we can decide on our own childcare during our own weeks? We have 50:50. My ex told me that she trusts my fiancé and that she is good to watch our kids.... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Feb 22, 2021
Parents often get in fights like this and I always tell them that they're welcome to change what they want and as long as they're getting along but if "push comes to shove," then the "default" is ALWAYS going to be to follow the last order to the "Tee."
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Feb 1, 2021
Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge... View More
i have a case and the judicial needs me to file the return of out of state service, however i have filled affidavit of service form which is available through court assistance office. The return of out of state service form is not available there. How do i proceed?
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jan 28, 2021
You don't need a special form; it doesn't matter in which state this person was served. All you need to do is get ahold of the individual who personally served the person and prepare an Affidavit of Service, just like you got from the Court Assistance Office for the Process Server and... View More
What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jan 14, 2021
The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... View More
The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... View More
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Jan 14, 2021
If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... View More
To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... View More
![Paul Ylvisaker Paul Ylvisaker](http://justatic.com/profile-images/1411017-1574487823-sl.jpg)
answered on Jan 3, 2021
The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.
With regards to change of custody, that is question that a court would make the final determination. There... View More
Or custody or even discussing with me
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Nov 29, 2020
Hello, I'm sorry that you're having this trouble. If your mother has not gained any type of legal custody over your children then she would be guilty of kidnapping. The only way that your mother can take your child is through a legal guardianship. This is only done through court. Did you... View More
I was told since they where adopted after i was born it makes me next of kin.
![Kevin M Rogers Kevin M Rogers](http://justatic.com/profile-images/1501947-1623714154-sl.jpeg)
answered on Nov 17, 2020
If they were legally adopted, they are your LEGAL brothers in every way!
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.