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Idaho Questions & Answers
1 Answer | Asked in Child Custody for Idaho on
Q: Can a judge to refuse to look at any evidence in a custody case just because one parent is a registered sex offender?

The victim of the registered offender is now married to the offender and it has been 20 years since the offender conviction. The children involved in the custody case have never been harmed by the offender.

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

Short answer: no.

The custody court's decisions are appealable. If the Magistrate Judge said "on the record," that she was ignoring ALL EVIDENCE produced by your husband, then the judge's decision is likely to be overturned. On the other hand, recent court decisions...
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1 Answer | Asked in Family Law and Child Support for Idaho on
Q: Can the state of Idaho take my money I had prior to the marriage for my husband's back child support?

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
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

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My mom filed abandonment and neglect trying to keep my daughter from me, can I go take my daughter back

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
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

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Idaho on
Q: Can a police officer contact my me before court after my arrest and can he pass the evidence to pedestrians after found.

Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.

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

Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?

Second question:...
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1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Idaho on
Q: Is this Sudafed a controlled substance according to Idaho statute?

37-2707. (g) Immediate precursors.

Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter... View More

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

Yes. Sudafed is a controlled substance, following the Idaho Legislature's "knee jerk" reaction to the methamphetamine deluge of the 90's. Idaho Code 37-3303 says:

It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Is a collapsible baton a weapon in Montana?

Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?

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

MRS 45-8-315, defines a "Concealed weapon" as a "means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."

Other Montana Revised Statutes define "weapon" depending on your age and...
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1 Answer | Asked in Family Law for Idaho on
Q: I need to get emancipated at age 16

Email me

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: How do you change a minors last name

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
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

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: How can we get our neighbors to quit falsely accusing us of neglect? Do we have grounds to sue for false reports?

Idaho: We have lived here for 13 years with 1 consistent neighbor so we are almost certain it’s them. They called animal control for neglect. Saying our dog was outside all day in the sun, he was outside with us while we picked cherries from our tree. Our back yard gets maybe 3 hours of sun... View More

Kevin M Rogers
Kevin M Rogers
answered on May 13, 2021

A neighbor like this is the last thing you need in enjoying your summer! Their conduct fits the definition for possibly 2 misdemeanor, criminal charges:

Disturbing the Peace: 18-6409. DISTURBING THE PEACE. (1) Every person who maliciously and willfully disturbs the peace or quiet of any...
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1 Answer | Asked in Employment Law for Idaho on
Q: Can a company have different starting salaries based on age

My daughter was told that the reason she makes less than a new hire (having worked at her job for 3 years) is because she was hired as a HS junior and the new hire was a college freshman, and college students automatically start at a higher wage. She was then reprimanded for discussing salary with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

While this situation seems unfair, as long as your daughter is being paid at least minimum wage for all hours worked, then this policy is not unlawful. Employers have a wide degree of discretion regarding employees' pay, and while federal age discrimination laws exist, these laws only protect... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If cps has taken a child from me, and I'm expecting to have another child. Can cps take my 2nd child away??

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
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

1 Answer | Asked in Consumer Law for Idaho on
Q: I have bought a motorcycle from a dealer and they don’t have the title.

I have bought a motorcycle from a dealer June 2020 I financed this. I have paid this off March 21 and called my bank they can’t find the title. I called the DMV and they stated that it’s in the first owners name from 2018. This was odd as it was financed by a bank in North Carolina but yet they... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

The dealer is unscrupulous and should give you your money back. They lost the title or hadn't received it when they sold it to you. Idaho gives the owner of the bike 30 days to get the Title to the new owner. Your options now are: begin litigation against the dealer, you will win. Or, go... View More

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I’m trying to regain full custody what can I do besides a whole modification is there any emergency custody or ?

I’m looking for an attorney to help me with a custody modification I have had a child with me and her dad has primary custody but nobody’s able to reach him I do you have a verification from the school that she’s been with me and a paper from Health and welfare that the principal signed if I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

If the child's father has primary custody, please answer a couple of questions so I can respond accurately:

1. Why do you / have you had the child with you?

2. Where did dad go? Why can't you get in touch with him?

If you could answer these questions, it might...
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1 Answer | Asked in Appeals / Appellate Law for Idaho on
Q: Idaho law regarding appeals
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. Don't lose any more time waiting for a response. Reach out to attorneys without further delay. Nationwide, the timetables for filing appeals tend to be short, within the order of days. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I prove I lied to police about ex putting his hands on my neck???

Next morning I called police to say I lied, they came out, listened & spoke to him on phone, said they wanted to confirm what I said. Told him he could come get some clothes, then they arrested him. I went & spoke to prosecutors & detectives, I am willing to go to jail, I lied & I... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 9, 2021

You can do an Affidavit telling the truth about the lie you told. Sign your name and above your name, write these words:

"I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct."

Mail this to the...
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1 Answer | Asked in Contracts for Idaho on
Q: What if a bondsman sells the collateral even though payments were being made or that you were not informed of his intent
Kevin M Rogers
Kevin M Rogers
answered on Mar 9, 2021

Look at the contract between yourselves. Really read it closely. If the bondsman sells collateral even though your payments were current, it is either in the contract giving them the right to do this, . . . or it is a breach of contract and you will have a cause of action against them.

1 Answer | Asked in Divorce for Idaho on
Q: I was divorced 5 years ago, now I have a judgment for garnishment on a bill my ex husband was ordered to pay.
Kevin M Rogers
Kevin M Rogers
answered on Mar 4, 2021

You may have the right to hold your ex-husband in "CONTEMPT," for refusing to abide a Court Order for him to pay bills that were assigned to him by the Court. However, the creditor was obviously NOT apart of your agreement with your ex-husband or a party to your divorce, so when the... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it ok for a bank to take and keep money without my knowledge or consent?

I owed money but we had an agreement for monthly payments,

that I have kept. They took my stimulous

Kevin M Rogers
Kevin M Rogers
answered on Mar 4, 2021

Was your agreement in writing? If they "tapped" your bank account, it sounds an awful lot like they have a money judgment against you and they are using their rights to "attach" bank accounts and anything else you have that isn't "exempt." Exemptions are found... View More

1 Answer | Asked in Family Law for Idaho on
Q: Does my ex get to tell me that my fiancé cannot watch my kids? That he right to watch them is revoked?

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
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."

1 Answer | Asked in Criminal Law and Social Security for Idaho on
Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 14, 2021

From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... View More

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