Blog Posts in 2015

Grandparent Visitation Rights

Question: When a grandchild lives with a grandparent in a stable relationship for a significant period of time, what visitation rights does the grandparent have against the parents? Answer: This question was answered in a recent Idaho Supreme Court case called Hernandez v. Hernandez . In this case, Husband and Wife had two children together when they divorced. The divorce decree gave primary ...

Claiming Marriage Was Never Valid After Divorce

Question: If I don't like the results of my property and debt division after my divorce, can I claim that I was never married to have the division reexamined? Answer: Probably not. In a recent case from the Idaho Supreme Court called Baird-Sallaz v. Sallaz , Husband and Wife were granted a divorce in 2005. Husband and Wife had a subsequent trial and several post-trial motions that settled the ...

Custody Orders That Require Both Parties to Agree

Question: If my custody agreement states that a decision regarding my child should be made jointly with my ex-spouse and we cannot come to an agreement, can I hold my ex-spouse in contempt if he/she makes the decision without my permission? Answer: Probably not, but there are other remedies available to resolve this issue. This question was answered recently in an Idaho Supreme Court case called ...