Idaho Child Custody Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
170 legal questions have been posted about child custody by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.

If my daughter's mother has had absolutely no contact with her nor I in eight years can her rights be terminated?

Answered 11 years and 11 months ago by John R. Ceci (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Parents rights are not terminated in the abstract. In your situation if you have a new wife who is willing to adopt then termination of the mother's rights is possible. If you have a custody order already in place then perhaps you need to look into trying to modify it, depending on what it says about visitation.... Read More
Parents rights are not terminated in the abstract. In your situation if you have a new wife who is willing to adopt then termination of the mother's... Read More

At what age does the court legally consider which parent the child wants to live with?

Answered 11 years and 11 months ago by John R. Ceci (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
The older the child is the more likely the court will consider the child's wishes. However the child's preference is just one of the factors a court considers when deciding custody. If you search online for "Michigan child custody factors" you will find a lot of free information, including some PDF's about this topic.... Read More
The older the child is the more likely the court will consider the child's wishes. However the child's preference is just one of the factors a court... Read More

Can we get a petition if my boyfriendโ€™s ex-wife does not want her children attending wake/funeral during the planned week?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
First, there is no custody as such in WA. She has the majority of time. If the parenting plan allows him to take the children out of state he can take them out of state. If it doesn't he cant. I assume you meant there will be a wake, since the uncle is dead and can not be wakened. The father can assure the mother the kids will not go to the funeral/wake although she has no authority to control this. The real issue here is whether this is time allocated to the father and whether the parenting plan allows him to take the kids out of state.... Read More
First, there is no custody as such in WA. She has the majority of time. If the parenting plan allows him to take the children out of state he can... Read More

What do NCP usually have to do to get unsupervised visitation back and how can I keep non-custodial mom's visits supervised?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
It is highly unlikely a court after that will give her unsupervised visitation.
It is highly unlikely a court after that will give her unsupervised visitation.

Can ex-wife refuse my visitation for spring recess based upon me being unable to in the previous even years due to work?

Answered 11 years and 11 months ago by Tina Marie Fox (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Child Custody
If there is a court order stating you get parenting time during a specific break or day(s), despite the fact that you have not exercised that right previously, you have to right to do so this year.
If there is a court order stating you get parenting time during a specific break or day(s), despite the fact that you have not exercised that right... Read More

Can CPS drug test me with no reason?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Absolutely they can do a UA if you have contact with the child at issue which by definition you do if you and the mother have a child together. Your past is relevant and if indeed you're clean now, you have nothing to worry about.
Absolutely they can do a UA if you have contact with the child at issue which by definition you do if you and the mother have a child together. Your... Read More

Should I be concerned and if so, what if anything can I do if my attorney is a lemon?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
If there is GAL there must have been a hearing. Therefore a notice of appearance is probably unnecessary. Certainly not if he signed either the petition or the response. If you don't like what this lawyer is doing, have him withdraw, refund any money he may owe you and find another lawyer. Unless he is doing this for a flat fee ( if so you can expect him to do as little as possible) you would have to continue to pay him anyway to finish the case, so you may as well pay a lawyer you like and who is responsive to you.... Read More
If there is GAL there must have been a hearing. Therefore a notice of appearance is probably unnecessary. Certainly not if he signed either the... Read More

Do I need a job to file for custody of my son?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   3 Answers   |  Legal Topics: Child Custody
If you were never married to the mother, you need to file a paternity action wherein you would seek time-sharing with your son. Time-sharing and child support are not one and the same. You currently have a legal obligation to financially support your child. However, that obligation is different from your right to spend time with your son. I urge you to consult with a family law attorney in your area on moving forward with a paternity action.... Read More
If you were never married to the mother, you need to file a paternity action wherein you would seek time-sharing with your son. Time-sharing and... Read More

Do I need a job to file for custody of my son?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You don't need to be employed to get custody.
You don't need to be employed to get custody.

Do I need a job to file for custody of my son?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
No you do not have to have a job in order to file for custody, although it would be helpful as any custody decision will have to taken to account the ability to support and care for the child.
No you do not have to have a job in order to file for custody, although it would be helpful as any custody decision will have to taken to account the... Read More

What can a 17 year old do when a parent is using fear tactics and psychological abuse to control for child support?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
And what do you have to do with this case? If you are not the father, it isn't your business. Your friend needs to call CPS and tell them what is going on. If she testifies that there has been no intercourse and boy friend testifies there has been no intercourse, boy friend will not go to jail.... Read More
And what do you have to do with this case? If you are not the father, it isn't your business. Your friend needs to call CPS and tell them what is... Read More

What can a 17 year old do when a parent is using fear tactics and psychological abuse to control for child support?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
If she leaves, she will be a runaway. You are vague at best re the rape. If one of the parents raped her (the implication of what you're saying) then she should go to the police. All the stuff re her boyfriend is nonsense as is the stuff about having her committed. If the parents are found to have abused her, she will be placed in foster care (if she has a good friend whose parents are willing to take her, that can usually be worked out) and the parents will have to pay support. Get a lawyer.... Read More
If she leaves, she will be a runaway. You are vague at best re the rape. If one of the parents raped her (the implication of what you're saying) then... Read More

How can I fight the potential father of this child, when he is claiming to have pictures of my home and pictures of me smoking and drinking?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
No. Wait until the child is born and if he then wants to be a father, he or you can file a parentage action.
No. Wait until the child is born and if he then wants to be a father, he or you can file a parentage action.

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Such occurrences sure as hell a change in circumstances, I would discuss the situation with an attorney. If there is anyway you can show that she knew or should've known that this was occurring I would think that your chances of gaining custody of your children would be very high.
Such occurrences sure as hell a change in circumstances, I would discuss the situation with an attorney. If there is anyway you can show that she... Read More

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Yes, you have a chance depending on how negligent she was to have not known this. But you need to act quickly. You should have filed as soon as you learned this information.
Yes, you have a chance depending on how negligent she was to have not known this. But you need to act quickly. You should have filed as soon as you... Read More

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by Thomas Edward Gates (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
You might, it's unclear what your ex-wife's knowledge of the matter and how she responded once knowing the fact.
You might, it's unclear what your ex-wife's knowledge of the matter and how she responded once knowing the fact.

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by Aimee Carol Robbins (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Yes, especially if your ex-wife knew about it. If you can afford it, hire an attorney to help you.
Yes, especially if your ex-wife knew about it. If you can afford it, hire an attorney to help you.

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by James Edward Smith (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
You need to report the incident to the police or CPS or otherwise it will look like you're orchestrating a change of custody motion.
You need to report the incident to the police or CPS or otherwise it will look like you're orchestrating a change of custody motion.

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Maybe. All you can do is go to court and explain that she doesn't have very good supervisory skills. You know, unfortunately, you may find out that she participated to some extent. That would be the clincher.
Maybe. All you can do is go to court and explain that she doesn't have very good supervisory skills. You know, unfortunately, you may find out that... Read More

What can I do if my ex-wife's boyfriend molested our daughter?

Answered 11 years and 11 months ago by Morgan Laine Place (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
I'm really sorry for the circumstances you and your children are dealing with. The question the judge will ask is if the change in custody is in the best interest of your children and if the change is circumstances is substantial enough to justify the change you're requesting. I'd say, given that your child was abused for almost a year while living under your ex-wife's roof, that you've probably got a pretty strong case. Good luck.... Read More
I'm really sorry for the circumstances you and your children are dealing with. The question the judge will ask is if the change in custody is in the... Read More

Can I legally move with my children to my mother's in a different state?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
It would suggest that you speak with an attorney, but given the facts you have provided, in particular that there is no court order in effect, you are free to do a should choose. Anticipate that if he becomes aware that you are going to leave that he will be in court and seek to stop your progress.... Read More
It would suggest that you speak with an attorney, but given the facts you have provided, in particular that there is no court order in effect, you... Read More

Can my child's step parent punish them?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Very little if anything, in their house, his AND her rules.
Very little if anything, in their house, his AND her rules.