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Recent Posts in Family Law Category

  • 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 ...
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  • 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, ...
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  • 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 ...
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  • Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights Regarding Marriage and Family in the State of Idaho

    Question: What are the laws of the State of Idaho regarding the recognition of same sex relationships? Answer : Prior to 2006, Idaho had two statutes, Idaho Code §§ 32-201 and 32-209 that limited marriage under Idaho law to a marriage between a man and a woman. Partly out of concern that a couple could bring a lawsuit alleging that said statutes violated the Idaho Constitution, in 2006, a ...
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  • Rights of Non-Married Biological Fathers in Adoption and Termination Proceedings

    Question: Does a non-married biological father have to give his consent to the termination of his parental rights or to the adoption of his child? Answer : Yes, if he takes the right steps to establish his rights. Title 16, Chapter 20 of the Idaho Code defines a parent as "the unmarried biological father whose consent to an adoption of the child is required pursuant to section 16-1504." Idaho Code ...
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  • Welcome to Our Twin Falls Blog!

    Roy, Nielson, Barini-García & Platts is a dedicated law firm in Twin Falls, Idaho and has practiced law for more than 85 years combined. Our attorneys strive to keep clients informed and to assist them through their legal process as quickly and effectively as possible. That is why we are proud to announce the launch of our blog! Very soon, we will begin posting informative articles about Idaho ...
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