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Idaho Child Custody Legal Questions

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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 legal rights to a child are signed over to other parent and agreement made for no child support can a custody case be re-filed?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Generally it is possible for a parent to give up the rights to a child, but not the obligation forward support. I would have to have all of the information before I would be willing to render an opinion about your case.
Generally it is possible for a parent to give up the rights to a child, but not the obligation forward support. I would have to have all of the... Read More

Can my mother charge me for leaving my things out?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
It is her house, and you apparently are not abiding by its rules. She is attempting to discipline and help you. Your excuse that you are simply too tired to remember the rules will never work either within your current household, or for the rest of your life. You are lucky you have such a mother.... Read More
It is her house, and you apparently are not abiding by its rules. She is attempting to discipline and help you. Your excuse that you are simply too... Read More

Can I disestablish paternity of the man who is listed on my 13 year old daughter’s birth certificate?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
It might be possible, depending upon the circumstances in history. You should see an attorney.
It might be possible, depending upon the circumstances in history. You should see an attorney.

If mother is on drugs and was thrown out of her grandmother's and is now living from friend to friend, how hard is it for the father to get custody?

Answered 11 years and 11 months ago by Diane L. Berger (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Custody is never easy, but it shouldn't be extraordinarily hard.
Custody is never easy, but it shouldn't be extraordinarily hard.

How does my 23 year old sister get guardianship from my mother?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your parents could give your sister a power of attorney. That would be cheapest. She could petition the court to be your guardian, but it doesn't sound like there is a sufficient basis for the court to allow that.
Your parents could give your sister a power of attorney. That would be cheapest. She could petition the court to be your guardian, but it doesn't... Read More

Is it possible to ask for child support after he relinquishes his rights so that my daughter gets the support she has deserved the whole time?

Answered 11 years and 11 months ago by Tina Marie Fox (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
In IL, a parent cannot just sign their rights away (unless for purpose of adoption or unless DCFS is involved).
In IL, a parent cannot just sign their rights away (unless for purpose of adoption or unless DCFS is involved).

Can the father of my son that has a drug problem get custody?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
First, we don't have custody as such in Washington. We have residential time and decision making authority. If he has a drug problem, you can ask the court to order him to be evaluated/treated and to limited visitation to supervised visitation until he has been clean for a certain period of time (depending on the drug etc). You don't say if either of you has filed anything. If no court has issued an order and you were not married to him, he has no right to see the child until a court has issued an order.... Read More
First, we don't have custody as such in Washington. We have residential time and decision making authority. If he has a drug problem, you can ask the... Read More

What can I do to take the father of my daughter to court to have his rights terminated?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   5 Answers   |  Legal Topics: Child Custody
You should file a petition to terminate his parental rights and state the grounds for the same (such as abandonment). However, I would consult with an attorney in your area concerning the same to ensure that everything is done right.
You should file a petition to terminate his parental rights and state the grounds for the same (such as abandonment). However, I would consult with... Read More

Can I go about getting custody of my daughter if my wife is being investigated for statutory rape?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
File a divorce and immediately make a motion for temporary orders to get a temporary parenting plan. Then you will have a legal basis to see the kids at clearly defined times. If indeed she is charged with statutory rape (or even investigated) the children could well be placed with you the majority of time with some limited supervised visitation with the mother.... Read More
File a divorce and immediately make a motion for temporary orders to get a temporary parenting plan. Then you will have a legal basis to see the kids... Read More

If a biological father had not been in the child’s life for 13 years is he entitled to see that child?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You don't say if he has filed anything to try to see the child. It is likely that if he was the rapist, the court would keep him from seeing her after all these years or at least limit her contact to supervised visitation.
You don't say if he has filed anything to try to see the child. It is likely that if he was the rapist, the court would keep him from seeing her... Read More

Will the father have to return the child if there are no custody papers drawn and the mother bonds out after arrest?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
That depends on whether the father is a legal father (has a parenting plan in place). If not, it's time to do this quickly by filing the appropriate petition for parenting plan with the court and immediately setting a motion for temporary orders. If the father is not on the birth certificate, then he needs to file a petition for parentage to prove he is even the biological father and has no right to keep the child if the mother wants it back.... Read More
That depends on whether the father is a legal father (has a parenting plan in place). If not, it's time to do this quickly by filing the appropriate... Read More

What should be done if we want our daughter to give the baby her last name?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Generally the child can be, and will have on the birth certificate the name selected by the mother.
Generally the child can be, and will have on the birth certificate the name selected by the mother.

If my dad has custody over me and abuses me, does he and DHR have the legal right to force me to choose between him and a foster home?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
And you believe him why? Call DHR yourself.
And you believe him why? Call DHR yourself.

Can the paternal grandparents get custody if I have a notarized temporary guardianship form giving me guardianship over her signed by my daughter?

Answered 12 years ago by Bruce Provda (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Sounds like you have a temporary guardianship. In a custody hearing, the question of the child's biological mother AND biological father's parental rights would arise. The court would look at what is in the best interest of the child and might make a temporary decision rather than a permanent one at this point. Obtain an attorney.... Read More
Sounds like you have a temporary guardianship. In a custody hearing, the question of the child's biological mother AND biological father's parental... Read More

Can the paternal grandparents get custody if I have a notarized temporary guardianship form giving me guardianship over her signed by my daughter?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Without seeing what you have, I don't know how good it is. Since the child is not living with either parent, the paternal grandparents can certainly file a third party custody action, but they would have to show, not only that the parents are unfit (easy) but that the kid should be moved from you to them, a much harder thing to prove.... Read More
Without seeing what you have, I don't know how good it is. Since the child is not living with either parent, the paternal grandparents can certainly... Read More

Can someone be legally forced to take a praternity test?

Answered 12 years ago by Gerard A. Fierro (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
I do not believe there is a legal way to force the test when you are already an adult.
I do not believe there is a legal way to force the test when you are already an adult.

How do I go about getting guardianship of my brother’s children if they are in foster care?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Start with their caseworker. Do it correctly or you will be subject to the whims and demands of either parent.
Start with their caseworker. Do it correctly or you will be subject to the whims and demands of either parent.

How can I prove my ex has rental income for child support?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Seek a statement from the renters, get the deeds, take pictures, subpoena his records - be smart and hire an attorney - a good one on your side is worth the investment.
Seek a statement from the renters, get the deeds, take pictures, subpoena his records - be smart and hire an attorney - a good one on your side is... Read More

How can I prove my ex has rental income for child support?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Subpeona the tenants. Or the bank to see where he puts the deposits. Or both.
Subpeona the tenants. Or the bank to see where he puts the deposits. Or both.

How can I prove my ex has rental income for child support?

Answered 12 years ago by Tracy Torni Gaudenzi (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
In Michigan, leases are not typically filed with the Register of Deeds. You would need to complete discovery to request this information, i.e. subpoenas to the current tenants or a request for the lease documents.
In Michigan, leases are not typically filed with the Register of Deeds. You would need to complete discovery to request this information, i.e.... Read More

Can a judge grant guardianship based on what the person who filed wrote without any proof or evidence?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes, unless you defend yourself. You can lose by default, you either have to contest and rebut the allegations or they are deemed true.
Yes, unless you defend yourself. You can lose by default, you either have to contest and rebut the allegations or they are deemed true.

Can a judge grant guardianship based on what the person who filed wrote without any proof or evidence?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
She can get temporary guardianship, but you will have the opportunity to prove the lies. You need to get a lawyer to help you do this right.
She can get temporary guardianship, but you will have the opportunity to prove the lies. You need to get a lawyer to help you do this right.
Child Custody
Idaho

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