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Idaho Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Idaho on
Q: Is it legal to not allow a biological mother to see her children if there is no court orders?

I feel I have been wrongfully alienated from my sons. They are now adopted by thier paternal grandparents, to which I know that my sons will have to seek me when they come of age. With that being said I feel they took advantage of me, had me sign my rights over unwillingly, and had alienated me... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Once the adoption took place, water passed under the bridge and there's no going back. Your desires to see them notwithstanding, you should not bother the paternal grandparents and NEVER make an attempt to see your sons. If they're curious when they come of age, they will seek you out,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can a passengers rights to a “terry Pat” be denied if driver is found with illegal substance on their person’s?

Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a

"Terry" pat down and went ahead with a full-blown search without probable cause.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: MY MOTHER DIED WITHOUT A WILL, MY UNCLE HAS BEEN LIVING THERE. HOW DO WE EVICT HIM WITHOUT PROBATE STARTED?
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2020

The Mother's Heirs-At-Law are now the owners of the Home by operation of law. Those Heirs have standing to file an Eviction Action for Possession. Hire an attorney to determine heirship and sue for possession.

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can a parent with temporary custody in Oregon go back on a mutual agreement and decide to go strictly by the RO?
Kevin M Rogers
Kevin M Rogers
answered on Jul 23, 2020

Yes, and judges will approve because courts are willing to acquiesce (notice I didn't say "approve") to people "doing their own thing," I'd be lying if I told you that they're happy about it. When those "private agreements" don't work between the... View More

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... View More

1 Answer | Asked in Divorce for Idaho on
Q: What if its an amicable divorce and we both want 50/50 custody and we both don't want child support involved.

Can we just not have either spouse pay child support?

Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

This kind of amicable resolution is nice but it must be sanctioned by the Court. The Court will look at the agreement and determine if it's consistent with the support which the child would have received had child support been ordered. If the Court approves such an agreement it will look... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations in idaho be extended?
Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

Real estate contracts are by nature, writings. As such they are governed by a 5 yr. Statute of Limitations. These cannot be extended and are absolute bars after the date that you signed a contract.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Are older real estate property tax debts without a Leon discharged in chapter 7 in Idaho?
Kevin M Rogers
Kevin M Rogers
answered on Jul 20, 2020

Whether the property has a loan or not is not the question. The Bankruptcy Court will NOT determine if a tax debt for property is "dischargeable" or not. Your bankruptcy attorney will do that and advise you. Section 502(c) says:

(C) the amount or legality of any amount arising...
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1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: I was fired for threatening another employee (which never happened).

I was never given a chance to defend myself. One day I just receive a call saying I’m fired for violence in the workplace. No explanation. I had to advance this to the corporate offices just to get an idea of why. Now, they won’t let me have my personnel file. I know Idaho is right to work,... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

You're correct that Idaho gave up union protection 30 years ago and loves its "Right to Work" philosophy. You have no "right" to your personnel file, it belongs to the company. However if you end up suing the employer, your attorney will immediately get a copy of your... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Purchased a new car from dealer. Was sold as new with 4 miles. Manufacturer says it was a demo and warranty time is cut

Vehicle was advertised and sold as brand new with 3yr warranty. Manufacturer said it only has 2 years left as it was a demo model. This was not disclosed on the contract or verbally

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

These are "contract-specific" questions. If the car was advertised as "new," be sure to write down any other, specific terms (promises) they made to you. Where did you learn that the vehicle came with a 3-year warranty? If this was verbally communicated to you, it will be much... View More

2 Answers | Asked in Criminal Law for Idaho on
Q: What kind of legal resources available for son

22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

You left out thE most important fact: how young is the female?

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2 Answers | Asked in Animal / Dog Law for Idaho on
Q: I got a dog and a guy say it his dog I been take care of him for 6 months .can the guy just come and take him
Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 16, 2020

If you bought the dog then no, the dog is yours. If he left the dog with you to take care of for a period of time, then yes, the dog is his and he can ask for it back any time. More information is needed to answer this question.

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1 Answer | Asked in Child Custody and Juvenile Law for Idaho on
Q: My daughter is 15. Her dad has always had her and now she wants to live with me but he wont let her. What do i do

She lives in NC and me in Idaho

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

You need to go to NC, establish residency and file a Petition for Modification with the court and ask the court to give you the right to take your daughter to Idaho. You have NO right to file anything in Idaho at this point.

1 Answer | Asked in Divorce for Idaho on
Q: Divorced 2009, Idaho. Found out that I am still on the mortgage. What is my recourse?

Paperwork says he is to refinance and take me off the mortgage. He has a business on the property now. Is the quit claim null and void since he has not done what the judge ordered? What is my interest status on this property now? Cannot rent or buy a place because it is on my credit report and I... View More

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

I believe you have two options:

OPTION 1: he is in contempt of court for failure to do what the court ordered him to do. You can ask the Court to so hold and he could be ordered to serve up to 30 days jail if he refuses to do what he's been asked to do.

OPTION 2: a better...
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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... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Idaho on
Q: I was evicted from my grandmother's house without a written. I have a 3000$ dog I wasn't able to take so my family gave

Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?

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

You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you sue an extended stay hotel for not refunding your money after 11 days when another tenant threatens you?

i was threatened by a neighbor, saying he was going to shoot me, i told the manager and he refused to give me money back.

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

Probably not. You have a contract that is between yourself and the Extended Stay Hotel, Inc. If you get a copy of that contract and read the fine print, it probably says that your failure to pay when due is a breach of contract and may not have any exceptions such as "neighbors who threaten... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it lawful for law enforcement to use the same evidence that has already convicted others in prior sting operations?

Can the same evidence be used repeatedly?

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

Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Can a collection agency legally charge a $16 convenience fee? Do I have a legal leg to stand on/ a possible case?

I'm trying to help my wife pay off some debts. We tracked down the collection agency holding a $307 debt. When we tried to pay online it stated that a $16 convenience fee would be charged for debit/credit card transactions. Its free to give them a bank routing & checking account # which I... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 14, 2020

You may be absolutely correct. I would simply show this to the collection prople and see if they will adjust their fee. If not then you have a law suit to file, if its worth $16 to you?

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