Blog Posts in 2014

Relocating with a Child after Divorce in the State of Idaho

Question : Will I be awarded primary custody if I decide to move out of the state of Idaho? Answer : Idaho Code § 32-717 states that "[i]n an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children." In Idaho, when a magistrate court ...

The State of Same-Sex Marriage in Idaho after the Ninth Circuit Court's Recent Decision

The Idaho State Constitution states that "a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state." Art. III § 28. This means that the Idaho Constitution prevents same-sex marriages from being performed in Idaho, and it also prevents same-sex marriages that were performed in other states from being recognized in Idaho. On October 07, ...

When Does a Magistrate Judge Have the Authority to Modify a Custody Agreement in Idaho?

This question was answered in Mahnami , a recent case coming from the Court of Appeals of Idaho. Mahnami v. Mahnami , 156 Idaho 338, 2014 WL 1884896 (Idaho App. 2014). In this case, a divorced couple asked the magistrate judge to resolve four disputes regarding their minor child. These disputes were not specific to custody of the minor child. Rather, the disputes involved the child's involvement ...

Does Being in Contempt of Court Prevent a Modification of Child Custody or Support?

Will a party's motion modify an order of child custody and child support be dismissed if that party is in contempt because he or she has missed child support payment? Not always . When a party is in contempt of court there are two different types of sanctions or penalties that can be applied: civil sanctions or criminal sanctions. A civil sanction is conditional – meaning that the party in ...