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Idaho Questions & Answers
1 Answer | Asked in Child Custody for Idaho on
Q: I live in Idaho and my ex lives out of state. I am wanting to move to Utah. I have sole physical and legal custody.

He has supervised visitation but hasn't seen our child since 2017. Do I have to inform him of the move or can I just take our order and file it down there? Our order doesn't mention anything about moving.

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2021

Just to be on the safe side: I would file a Motion for Permission to move. If you move to UT without informing your ex, all you're doing is giving him ammunition that he didn't have before. Once you file your Motion for Permission to Move, and send the father a copy, what do you think... View More

1 Answer | Asked in Divorce for Idaho on
Q: When do stipulations become binding?

Stipulation was filed November of 2018. Among other things, stipulation agreed that one parent would not claim the children on their taxes in even years. The stipulation became a decree when signed on Feb 4th, 2019. However parent claimed minor children on their taxes stating that it did not go... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 30, 2020

Stipulations are "agreements." Agreements can be ruined by:

1. Arguing against it in open court;

2. Failing to draft and file a proposed DECREE or ORDER consistent with the Stipulation; and,

3. Acting against it.

If the party claimed the children in 2019...
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1 Answer | Asked in Probate for Idaho on
Q: If probate was not started can a petition be made to remove executor?

I am daughter to decedent step dad is executor and want him removed as such moms personal property has been sold and not recorded through probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

If Probate hasn't been started, YOU can start it. File a Petition to be Appointed, then you can send a letter to step dad demanding that he return property he sold or pay the value of property he sold back to the "estate"

1 Answer | Asked in Probate for Idaho on
Q: Surviving spouse personal represenative has sold numerous possessions not recorded through probate can he be removed?

Personal represenative surviving spouse has sold numerous personal property items never recorded in probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Yes. What you are alleging is "malfeasance" and subjects the PR to removal. Make sure and get your ducks in a row before asking a judge to remove a PR.

1 Answer | Asked in Real Estate Law for Idaho on
Q: I bought land in Idaho, part of an HOA. The president resigned and there is no board. What legal options do I have?

The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho on
Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

I completely agree.

1 Answer | Asked in Divorce for Idaho on
Q: signed a quitclaim deed when I got divorced. Ex had 2 years to refinance the home. she has not yet. what are my options?

When my ex and I got divorced, I signed a quitclaim deed on the home and gave her everything. In the judgement for divorce, it states that she shall refinance the property within 2 years. We are approaching the 2 year mark and she has not refinanced. What legal options do I have?

Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

I would send her an email and ask what the problem is and why she hasn't refinanced the property yet? When she answers you, listen to what she says carefully. "Contempt" is the "willful violation of a court order." If she has tried and her credit shows that she has, yet... View More

1 Answer | Asked in Divorce for Idaho on
Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?
Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

Idaho is a community property state. If appliances were purchased during the marriage then "YES," you're entitled to 1/2 the money received. However, if appliances purchased during the marriage are sold after the divorce was filed, then the sale itself may be in violation of the... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: I lost my job due to medical, my husband is a transplant recipient on disability. If we file cptr 7, can we gift vehicle

We have titles on vehicles that belong to our boys. Because of the loss of my job and only my husband's disability as income, we may have to file chapter 7 due to his medical bills we can no longer pay on and evidently we owe federal and Idaho taxes. The titles on the vehicles need to be... View More

Timothy Denison
Timothy Denison
answered on Dec 16, 2020

You must list all your property in your petition. Any such transfers of vehicles would likely be fraudulent. Consult a competent bankruptcy attorney to review these issues before you do anything.

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1 Answer | Asked in Animal / Dog Law for Idaho on
Q: I was given a dog. The people that gave me the dog now want it back. Can I legally charge them any amount I want?

They emailed me the papers, but I never had the dog registered in my own name. I have paid for rabies, kennel cough, and distemper shots. I have paid for grooming. I have paid for food, toys, treats, etc.

I made an agreement to give the dog back if they wanted her within 2 months. It's... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 15, 2020

As an "addendum" to my earlier advice, let me say that you are WELL within your rights to sell a dog that you own, for as much money as you can get. Of course, without seeing the actual agreement, there is no way to determine what "conditions," you and the previous owners... View More

2 Answers | Asked in Uncategorized for Idaho on
Q: Im medically exempt from wearing a mask. Manager at gas station state ineed to still wear a mask/pull shirt over my face

Knowing that I am medically exempt. When I told her this is discrimination she fired back with how do I know you have a medical issue. Have any proof. Would I have a solid case for a ada discrimination lawsuit and a mental anguish claim?

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

An Idaho attorney could answer best, but your question remains open for two weeks. Although this site does not have a separate heading for the Americans with Disabilities Act, there are attorneys with expertise in that area. An attorney who regularly works with ADA matters might be able to offer... View More

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1 Answer | Asked in Animal / Dog Law for Idaho on
Q: If a dog was given to me and the papers were emailed to me can I charge the people money if they want it back?

Dog papers were emailed to me, but I never had the dog registered in my own name. I have paid for rabies, kennel cough, and distemper shots. I have paid for grooming. I have paid for food, toys, treats, etc.

The previous owners want her back even though I told them no a couple of times. We... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 10, 2020

Before I can answer any question I first need to make sure that I am understanding the question.

1. You purchased a dog from previous owner?

2. You paid the dog's Vet bills, amounting to $2,000?

3. The previous owners now want the dog back?

4. You gave the...
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1 Answer | Asked in Family Law for Idaho on
Q: How do I get guardianship back of my child in idaho
Kevin M Rogers
Kevin M Rogers
answered on Nov 30, 2020

You need to file a Motion to Revoke Guardianship.

1 Answer | Asked in Domestic Violence for Idaho on
Q: Hi, I got a no contact order question. I have a 14 day no contact order on my husband.

My hearing is coming up and I do not wish to continue the order. What should I do? Do I still attend the hearing?

Kevin M Rogers
Kevin M Rogers
answered on Nov 30, 2020

If you fail to to to the next hearing, your CPO will be dismissed for "inactivity."

1 Answer | Asked in Family Law for Idaho on
Q: What form would use so I can file in the court so my mother cannot take the kids to relocate out of state without permi

Or custody or even discussing with me

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Idaho, when new build seller does not perform to time for closing, with time of the essence clause, is EM refundable

Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Yes.

1 Answer | Asked in Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... View More

1 Answer | Asked in Family Law and Military Law for Idaho on
Q: The last question i have is they both where adopted after i was born and .y father is ex military airforce retired?

I was told since they where adopted after i was born it makes me next of kin.

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

If they were legally adopted, they are your LEGAL brothers in every way!

1 Answer | Asked in Family Law for Idaho on
Q: I have a 2 and a half year old daughter. Her father left . Her grandmother wants me to sign over rights 4 6 months

She wants rights to her as well as to fight him in court. She is saying if I don't do this today. Then she will take me and her father to court and I wont have visitation unless supervised. I am her mother and have been with her her whole life. Living with her. I recently got a marijuana... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

This is a pickle! Are you >18? (over 18?) Your mom is probably right (like always, huh?) Even in a great state like Idaho, Marijuana is still illegal and (as you know) Idaho will prosecute you for having it on you. Possession of Marijuana is also a bummer because if you get convicted of it... View More

1 Answer | Asked in Family Law for Idaho on
Q: So if i have two adopted siblings how does that work for next of kin since i was the first born
Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Under "rules of descent," an "adopted child" is equal to a natural child, in every conceivable way. You're the "first born" and that carries a lot of responsibility in a family, but not really legally. Good luck to you!

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