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Idaho Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Idaho on
Q: Can i sue an obgyn for telling me "It looks like nobody's home." When i miscarried?
Tim Akpinar
Tim Akpinar
answered on Mar 5, 2020

An Idaho attorney could advise best, but your post remains open for a week. I'm very sorry for your trauma. Although what was said to you would deemed by many as insensitive and heartless, it could difficult for an attorney to move forward with it as a case based on intentional infliction of... View More

1 Answer | Asked in Probate for Idaho on
Q: Can an attorney include something that was given away 2 years prior to changing a will ?

My mother’s ring was given to my oldest sister. My other sister went with my Dad to change his will to include she get 1/2 of the ring 2 years after my Mother passed and my oldest Sister was given the ring.

Nina Whitehurst
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answered on Mar 4, 2020

Nope. Once a person gives something away, it is no longer part of his or her estate; it is now owned by the gift recipient. The person who gave it away can mention it in his or her will, but that will not do any good because it is not part of his or her estate any longer. And to mention it in... View More

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: Do i have rights over my daughter since she lives with me fulltime now and i pay for her daycare and still pay child sup

Her mom was homless living in her van with her bf till she got her tax return now she lives in a hotel. But its only a matter of time before she runs out of money. Even she work part time at mcdonalds. And uses the child support to pay for her vehicle. Im just wondering how do i get full custody

Kevin M Rogers
Kevin M Rogers
answered on Mar 4, 2020

If I were you I would file a Petition for Guardianship. The Court will require the mother to be there before it makes a decision. If the Court grants your petition, you will step artificially into the shoes of the bio mother in making all decisions on behalf of the child. Good luck to you!

1 Answer | Asked in Adoption and Child Custody for Idaho on
Q: Can you adopt a child without the parents consent if you've been raising the child for years and the mother only visits?

My husband has been raising his ex- girlfriends daughter since she was 3 she is now 10 and the mother left her and their child together with him about 3 years ago and only would visit them occasionally and now lives out of state and pretty much just calls them- we are wondering what we can do and... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 26, 2020

To answer the first question, "Yes" you CAN adopt a child . . . without the parent's consent.

Here's the catch: NOTHING your husband or you have done for their daughter in the intervening 7 years has given you ANY PARENTAL RIGHTS. During the past 7 years you COULD...
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1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: I’m the seller of a commercial building and accepted an offer, but now I’m having a change of heart. Can I back out?

It’s in escrow but hasn’t closed yet. The change of heart came with a 100k higher offer.

Kevin M Rogers
Kevin M Rogers
answered on Feb 26, 2020

Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Is a judges court deputy allowed to Facebook message us telling us what we need to do an ongoing custody case?

The judge on a custody case in Idaho is actually friends with the other party. He won't allow any evidence to be submitted through court and has so far ignored our evidence, or refusing to allow the evidence into court at all. Now his court deputy is messaging us on Facebook telling us that... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 26, 2020

If what you say is correct, then you need to file a Motion for Disqualification under ICR 25.

1 Answer | Asked in DUI / DWI for Idaho on
Q: I blew a .206 and got charged with a excessive dui...Is there a possibility that my charge could get reduced to a

regular first time offense dui, since its so close to a .199 (which would not be considered excessive).

Christi Lynn Schofield
Christi Lynn Schofield
answered on Feb 25, 2020

It's possible to get it reduced but in no way guaranteed. The possibility depends on several factors, such as prior criminal history (not just prior DUI history), the facts of the case, what your other blow was (you should have two separate blows), cooperation with law enforcement, etc. If the... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: While under protective supervisions with my children from the department of health and welfare can I leave state

Under protective supervision

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

Ask your case worker. You don’t want to leave the state or move across town or change jobs or get a piercing without speaking with your case worker!

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: I believe my parents business broker and buyer took advantage of my mom after my dad died.

Hi, while my parents were trying to sell their business my dad passed away and I believe my parents business broker and the buyer took advantage of my mom while she's was grieving. She signed the papers to sell two weeks ago the new owner took over but she still hasn't been paid. The new... View More

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

Possibly. Grieving is not a legal reason to avoid a contract. What you should do is gently question your mother and find out why she agreed to the terms the buyer offered? Was your mom represented by a realtor or attorney? Why weren’t you there to help her in the closing?

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... View More

Kristen Thurmond
Kristen Thurmond
answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what... View More

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1 Answer | Asked in Civil Litigation and Traffic Tickets for Idaho on
Q: I live in idaho i got no insurance ticket and my plates were expired got vehicle registered and got insurance

What will happen When i goto clerk of magistrate

Kevin M Rogers
Kevin M Rogers
answered on Feb 12, 2020

Pleading guilty to not having insurance WILL suspend your DL. But all you need to do to get permission to drive is prove that you now have insurance. The plates is an infraction and is under $100 fine. Good luck!

1 Answer | Asked in Cannabis & Marijuana Law and Copyright for Idaho on
Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

Robyn T. Williams
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answered on Feb 11, 2020

You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Should a person who is under supervision of idoc be made aware of their "fugitive " status while under said supervision?

My friend had less than 2 months left on a conviction, had been straight with his PO doing well. Was arrested for being a fugitive to Idaho. Why is it now this being brought to light. Seems he should have been made aware of this before now. I mean his PO had to have known.

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

Your friend had been doing "well" on probation, EXCEPT THAT HE MOVED TO IDAHO WITHOUT OBTAINING THE P.O.'S CONSENT! His P.O. MAY have had suspicions that your friend was moving without his consent and just wanted to see if your friend would do such a stupid thing?

1 Answer | Asked in Criminal Law for Idaho on
Q: I was pulled over and charged with possession of meth and paraphenelia.I was o rd on court compliance.However in a mixup

And mis understanding of times I ended up missing my preliminary hearing, when I realized my mistake I called the public defender and she told me to go test and then go to the jail and turn myself in and spend the weekend in jail. I did proceed to go test for court compliance however I did not turn... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

My advice would have been EXACTLY what your Public Defender told you. Now the warrant may be 10x higher than it would have been had you turned yourself in like you had been advised.

1 Answer | Asked in Family Law and Child Support for Idaho on
Q: divorce decree says she pays 30% of all medical bills, how do I go about billing her for her portion.

according to my divorce decree my ex is supposed to pay 30% of medical bills, I have paid over 6K in ortho bills for our kids, I want to give her a bill for her portion of it. can I just write up something and have it notarized with a copy of the paid bills?

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

Yes, that's exactly how you do it. Send her an email and attach a copy of the ortho bill and ask her to please pay 30% of it. It is not necessary that you have anything notarized. You simply need to ask your ex to pay it, by supplying her with a true and correct copy of the entire bill and... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: I have done sign my right away before my daughter born,but my ex never filed it... then my ex

Then my ex and her husband were adopting my daughter and she ask me to sign my right away again for the second time! It was half way process and had to pay 9k for stuff suddenly it went up 50k it cost my parents money to help me get thou. I waited waited. I want to get it done bam 6 month... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

I want to tell you what you should do.

First off, Idaho would not allow you to "sign off" rights to your daughter UNLESS there is someone willing to adopt her. In your case, your ex-wife did not give your daughter your last name and wanted to adopt her daughter as much as you...
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1 Answer | Asked in Contracts for Idaho on
Q: My sister is breaking our oral agreement of her paying me $500 per month for my home while I live in it. Threatening me

I'm extremely stressed out due to the threats of eviction, not paying me, and putting my home up for sale April 1st. I don't know what to do to stop her. Please help me!

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

Okay, if I understand what you're writing about, let me summarize: your sister owns a house and she's allowing you to live there? I don't know why she'd be paying YOU to live in HER house though? I will need a little bit more information. Can you provide that? Such as:... View More

1 Answer | Asked in Divorce for Idaho on
Q: Can my husband of 30 yrs file divorce. Without me knowing Keep my alimony & etirement

I m disable do not WANT a divorce I live in Idaho he's CALIF and MY bones are very brittle I need to

TO know if he can he CHEAT me out of my alimony and his retirement. Cause he want to marry

Some one else I don't want divorce. Loose out 30 yrs marriage

Kevin M Rogers
Kevin M Rogers
answered on Feb 5, 2020

I'm so sorry for you! After California designed the first "no fault divorce," every state that I'm aware of adopted the so-called "no fault divorce." This means, unlike in Hollywood movies gone by, where the protagonist would scoff at the wife and say,... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Idaho on
Q: Abusive absent father who is still legally married to his first wife, is trying to get 50 50 custody...help?

Been seperated 4 years, attempts at reconciling ending in mental and physical abuse for myself, During this time our 6 year old son has solely resided with me, with no financial support from father. Father was given chance after chance to be an active father and would always end up not following... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 5, 2020

If you and he had no previous custody order in place, then strictly speaking, he is NOTHING but a sperm donor. Simply by having his name on the birth certificate gives him NOTHING but obligations to pay child support. If he ever wanted to become the "father" of this 6 yr. old son, he... View More

1 Answer | Asked in Divorce for Idaho on
Q: Can my wife make me give her spousal support if I just recieved money from a brother passing away from a car accident?

We are currently getting a divorce.

Kevin M Rogers
Kevin M Rogers
answered on Feb 5, 2020

My legal opinion is that a 1-time gift money left by your brother's will, insurance or trust or is not "income." Child Support and Spousal Support are based on "gross monthly income."

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