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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.

What evidence do I need to prove alcohol abuse in court on a custody dispute?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Consider liquor store purchases on credit card/debit card statements, friends and family members who can attest to his drinking, urine testing that goes back 80 hours, or a court-ordered chemical dependency evaluation.
Consider liquor store purchases on credit card/debit card statements, friends and family members who can attest to his drinking, urine testing that... Read More

Can the father who has extensive criminal record take their child?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Yes he has a chance. Under Minnesota law it is easier for a biological parent to get custody than a third party or grand parent. If he were to petition the court for custody and your niece were not in a position to make a claim for being awarded custody herself (this is assuming it is an initial custody determination), he has a chance. Admittedly though there are several of the facts that you mentioned that work against him.... Read More
Yes he has a chance. Under Minnesota law it is easier for a biological parent to get custody than a third party or grand parent. If he were to... Read More

What can you do if you know a person whose mistreating a 3 year old?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
You need to speak with an experienced attorney. You may have grounds for a third party custody case under Minn. Stat. 257C. Absent a petition for custody, you only other real alternatives are that anonymous child protection report you mentioned without rights over the child there aren't means to make make bad parents be better.... Read More
You need to speak with an experienced attorney. You may have grounds for a third party custody case under Minn. Stat. 257C. Absent a petition for... Read More

Can I terminate my son's father’s right if he doesn't see or ask for him?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota courts terminate parental rights. The vast majority of such adoptions occur with either the non-custodial parent's consent to permit the new spouse of their child's other parent to adopt (thus, you'd need to marry your boyfriend) or in circumstances where the non-custodial parent has passed away. Further, not seeing your child or, in this case, great infrequency of parenting time does not create compelling grounds for terminating parental rights.... Read More
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota... Read More

Is it possible to terminate parental rights of biological father?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota courts terminate parental rights. The vast majority of step-parent adoptions occur with either the non-custodial parent's consent or in circumstances where the non-custodial parent has passed away. Further, non-payment of child support or, in this case, severe delinquency in the payment of child support does not create compelling grounds for terminating parental rights.... Read More
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota... Read More

Can I revoke my child's father's visitation if I have proofs that he is a bad person?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Ultimately under Minnesota law the parenting time awarded to your child's father should serve your child's best interests, which includes the child's safety and sense of well-being. The concerns you have should be brought to the court's attention so that the parenting time can be tailored to restrain your child's father from bad behavior and remediate what can be fixed.... Read More
Ultimately under Minnesota law the parenting time awarded to your child's father should serve your child's best interests, which includes the child's... Read More

Will the custody order be nullified if I and the other parent get back together?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is not nullified until you let the court know that it is no longer necessary.
It is not nullified until you let the court know that it is no longer necessary.

Can the mother file for a reversal CPS adoption or custody?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
There is no adoption reversal. I have no idea what you're talking about re your ex contesting custody. If both of you adopted this child, both of you have equal rights to the child. The parenting plan resulting from our divorce has nothing to do with the bio parents and is a matter of determining what plan is in the best interest of the child.... Read More
There is no adoption reversal. I have no idea what you're talking about re your ex contesting custody. If both of you adopted this child, both of you... Read More

How do I get my son's father out of his life?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
It sounds like you have done nothing to regularize your son's residential arrangement. The only valid way of dividing time between 2 parents is with a parenting plan which the court must sign. It sounds like you've operated with a private arrangement which is not legally valid, and now the 12 year old is in control because neither of the parents has done what's needed. File a petition for a parenting plan, lay out the situation and get a proper plan into place.... Read More
It sounds like you have done nothing to regularize your son's residential arrangement. The only valid way of dividing time between 2 parents is with... Read More

How do I get my son's father out of his life?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Go get him if the original order granting you custody is in effect. Sounds like child and family counselling is needed too. The choice of the child is only one factor in deciding custody. The child's best interest is more important. In that the dad has failed thus far, you stand a good chance of getting him back even if he will not come voluntarily. You may have to file a application for a writ of habeus corpus... Read More
Go get him if the original order granting you custody is in effect. Sounds like child and family counselling is needed too. The choice of the child... Read More

If my son is illegitimate and my bf has a legitimate daughter, will my son have the same rights as she does?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
If he marries you or signs a statement of paternity then then your son will have the same rights.
If he marries you or signs a statement of paternity then then your son will have the same rights.

Does the father get joint custody?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Generally speaking, in Arizona, in a situation as you describe unless and until there are orders entered regarding legal decision making and parenting time you and the biological father would have an equal right to have the child with you.
Generally speaking, in Arizona, in a situation as you describe unless and until there are orders entered regarding legal decision making and... Read More

How do I disown my son who has stolen from me, harassed and stalked me, hired others to steal and harass me?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You should consult with an experienced estate planning attorney in your area. He or she can help you to prepare your will, and power of attorney documents. In the will you must specifically state that it is your intent to leave no property or money to this particular child.
You should consult with an experienced estate planning attorney in your area. He or she can help you to prepare your will, and power of attorney... Read More

Can I argue against absolute judicial immunity for CPS Hearing Officers?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can argue, but you will lose.
You can argue, but you will lose.

Can a 17 year old teen dad be considered an adult?

Answered 12 years and a month ago by Diane L. Berger (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
If he is emancipated, yes. That means he is totally self-supporting.
If he is emancipated, yes. That means he is totally self-supporting.

If my nephew and his girlfriend would like me to adopt their unborn child, how I go about doing that?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Contact a local attorney who does family member adoptions. Remember you can offer nothing of value to the birth parents in order to get the child.
Contact a local attorney who does family member adoptions. Remember you can offer nothing of value to the birth parents in order to get the child.

Can I sign my custody rights to my sister on a last will?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
A designation of guardian is usually found in a will. But you could write it as a separate document.
A designation of guardian is usually found in a will. But you could write it as a separate document.

If you are court ordered to pay $500 a month but can only produce $300 a month, what are the legal ramifications of this action?

Answered 12 years and a month ago by Matthew Eugene Ludt (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
The county and/or the court can suspend your driver's license, freeze your passport, hold you in contempt, issue you a warrant for your arrest and/or have you serve jail time. Partial payments of support, while a good effort, will not necessarily save you from a support enforcement action by the other parent or the county.... Read More
The county and/or the court can suspend your driver's license, freeze your passport, hold you in contempt, issue you a warrant for your arrest and/or... Read More

Can the father of my kids stop me from taking my kids for vacation?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
If you have passports then he cannot stop you without a court order.
If you have passports then he cannot stop you without a court order.

How old do I have to be to change my last name?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You could wait until you are 18 and it would be easier. But to do it now the father only need be notified formally of your petition. If he files no response the the court will presume he does not care and will grant the change.
You could wait until you are 18 and it would be easier. But to do it now the father only need be notified formally of your petition. If he files no... Read More

How is it that I still have to pay child support if my daughter already have a job?

Answered 12 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Is there an order that you have to pay that long? In California, child support only continue to age 19 if the child is a full time high school student and lives with the custodial parent. Once they graduate from high school or turn 19 the support ends, whichever happens first.
Is there an order that you have to pay that long? In California, child support only continue to age 19 if the child is a full time high school... Read More

Is she able to not have to get consent from the other party to take them out of state if it is for a temporary visit since it’s not on the plan?

Answered 12 years and a month ago by Matthew Eugene Ludt (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Typically in Minnesota the only restrictions on out-of-state vacations are found in the temporary parenting time court order. If you are taking the child during your designated parenting time (i.e. as a part of your allotted uninterrupted vacation time) the opposing party shouldn't have the right to veto your plans. Note that there are other considerations that need to be taken into account before a conclusive position can be taken (i.e. what does it mean "if it is for a temporary visit since its not on the plan"?).... Read More
Typically in Minnesota the only restrictions on out-of-state vacations are found in the temporary parenting time court order. If you are taking the... Read More

Is she able to not have to get consent from the other party to take them out of state if it is for a temporary visit since it’s not on the plan?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Do you need her consent or does the parenting plan simply say each parent gets the requested time? Does the parenting plan say anything about taking the kids out of state? If so, you have to abide by that. You can also make a motion and get the court's permission.
Do you need her consent or does the parenting plan simply say each parent gets the requested time? Does the parenting plan say anything about taking... Read More

How binding is a "verbal agreement on file at court"?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
I would have to see the whole order. In any case, it is not a parenting plan, which is what you should have, but someone would have had to file in order to get one. Since he has seen the children these last two years, there is no reason to change that now. That history is part of the basis on which to continue the same pattern in a parenting plan.... Read More
I would have to see the whole order. In any case, it is not a parenting plan, which is what you should have, but someone would have had to file in... Read More
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