Both as a Boise Divorce Attorney and an Idaho Criminal Attorney I often am asked what can be done when a parent abandons his or her children. Abandonment of a child under 18 years of age is a crime in Idaho. What exactly constitutes abandonment in Idaho?
Idaho Code 18-401 states that abandonment is when one intentionally and willfully fails to provide a child with the necessary food, clothing, shelter or medical care. Abandonment is a felony and is punishable by up to a $500 fine or up to 14 years in prison or both.
Although it is a crime in Idaho it is not regularly pursued. People often feel that if a parent fails to have anything to do with the child then it is better for them to be out of their life anyway. It is also often the case that the abandoning party claims that the other parent prevented them from having contact with their child.
To pursue a case of abandonment it would be important to provide evidence showing that the other parent was not prevented from making contact and that no support was offered.
This code section also applies to abandonment and non-support of your spouse. If you intentionally and willfully leave your spouse in a destitute condition, when you yourself have the means to support yourself and your spouse or if you willfully refuse or neglect to provide your spouse with the necessary food, clothing, shelter or medical care you can be found to have abandoned your spouse or found to have failed to support them. Unlike abandonment of a child, this particular form of abandonment is dependent upon the spouse's behavior. You can be justified in abandoning your spouse if your spouse's misconduct forces you or warrants such behavior.
If you need to speak to a Boise Divorce Attorney or an Idaho Criminal Attorney call (208) 472-2383 or visit www.lawboiseid.com or www.divorceboiseid.com
Monday, January 17, 2011
Wednesday, January 12, 2011
Boise Divorce Attorney Talks About Alimony
As a Boise Divorce Attorney I often hear from clients that they would like to pursue alimony as a condition of their divorce. Alimony is more commonly referred to as spousal support these days. While a divorce order can include spousal support, it is not a very common order in Idaho.
Idaho Code 32-705 provides for spousal support but it is a very limited scope. If you can show that you do not have enough property with which to support yourself and you cannot support yourself through employment, an Idaho court may order alimony. In general, however, it is for a limited duration.
The concept of alimony was created to protect women after a divorce because historically women did not work, nor did they have the necessary training to enter the work world. Today, however, because women are an integral part of the work world, to presume a woman could not support herself would not only be condescending, but it would be flat out wrong.
Generally, if temporary support is ordered, an Idaho judge will allow them to continue until the person seeking support has gotten job training or completed their education and then the orders will terminate.
If you need to speak to a Boise Divorce Attorney about alimony or any other family law issue, please call (208)472-2383 or visit us on the web at www.lawboiseid.com
Idaho Code 32-705 provides for spousal support but it is a very limited scope. If you can show that you do not have enough property with which to support yourself and you cannot support yourself through employment, an Idaho court may order alimony. In general, however, it is for a limited duration.
The concept of alimony was created to protect women after a divorce because historically women did not work, nor did they have the necessary training to enter the work world. Today, however, because women are an integral part of the work world, to presume a woman could not support herself would not only be condescending, but it would be flat out wrong.
Generally, if temporary support is ordered, an Idaho judge will allow them to continue until the person seeking support has gotten job training or completed their education and then the orders will terminate.
If you need to speak to a Boise Divorce Attorney about alimony or any other family law issue, please call (208)472-2383 or visit us on the web at www.lawboiseid.com
Tuesday, January 11, 2011
Boise Divorce Attorney Discusses a Bifurcated Divorce
As a Boise Divorce Attorney I often hear from people who they wish there was a way to get a divorce as far as their marriage but without actually dividing the property and finances or determining custody immediately.
There is something in Idaho known as a bifurcated divorce. This allows the parties to terminate their marriage and have their property and custody issues heard at a later point. There can be many reasons for doing this. One example of why you might seek a bifurcated divorce is because one spouse wants to get remarried right away. You could also ask for a bifurcated divorce if you wanted to file your taxes as an individual instead of filing jointly. If you are business partners and you have community property tied up into your business or perhaps convoluted loans, bifurcating your divorce might also be an option for you. As a Boise Divorce Attorney, I sometimes also suggest a bifurcated divorce when you need to separate your finances but because of convoluted property or custody issues a full divorce trial can't be heard until a time in the future and you might suffer financial harm if there is not the bifurcated divorce.
If you need to speak to a Boise Divorce Attorney call (208)472-2383 or visit us on the web at www.lawboiseid.com
There is something in Idaho known as a bifurcated divorce. This allows the parties to terminate their marriage and have their property and custody issues heard at a later point. There can be many reasons for doing this. One example of why you might seek a bifurcated divorce is because one spouse wants to get remarried right away. You could also ask for a bifurcated divorce if you wanted to file your taxes as an individual instead of filing jointly. If you are business partners and you have community property tied up into your business or perhaps convoluted loans, bifurcating your divorce might also be an option for you. As a Boise Divorce Attorney, I sometimes also suggest a bifurcated divorce when you need to separate your finances but because of convoluted property or custody issues a full divorce trial can't be heard until a time in the future and you might suffer financial harm if there is not the bifurcated divorce.
If you need to speak to a Boise Divorce Attorney call (208)472-2383 or visit us on the web at www.lawboiseid.com
Thursday, January 6, 2011
Boise Divorce Attorney Discusses Domestic Violence
Today's headlines describe the horrors of domestic violence. As a Boise Divorce Attorney I regularly have to deal with the issues associated with domestic violence. Idaho law provides for protection orders to protect people in domestic relationships from violence at the hand of their partner.
One of the services I provide as a Boise Divorce Attorney in domestic violence situations is to file a motion for an ex parte temporary protection order. If you can show that you will suffer irreparable harm if a restraining order is not issued the court will order a temporary order without the other party being present. The order cannot exceed 14 days. After or before the 14 days a full hearing is held and the party against whom the retraining order was issued has an opportunity to cross examine the moving party and provide witnesses and testimony.
The temporary ex parte protection order protects individuals by preventing them from entering their residence or interfering with custody. The protection order gives them grounds to call the police before harm can be perpetrated against them.
While I believe in the value of the ex parte protection order, as a Boise Divorce Attorney I have also seen it misused. I have seen it misused as a means get back at the other party, to interfere with custody or to try and make the other party look bad. It is for these reasons that the ex parte protection order cannot last for more than 14 days. In addition, Idaho law allows for a motion to shorten time which allows the accused party the opportunity to have the hearing heard earlier and have the opportunity to present their evidence which they believe proves their innocence.
If you need to speak with a Boise Divorce Attorney or need advice or representation for domestic violence, divorce or other custody issues, call (208) 472-2383 or visit www.lawboiseid.com for more information.
One of the services I provide as a Boise Divorce Attorney in domestic violence situations is to file a motion for an ex parte temporary protection order. If you can show that you will suffer irreparable harm if a restraining order is not issued the court will order a temporary order without the other party being present. The order cannot exceed 14 days. After or before the 14 days a full hearing is held and the party against whom the retraining order was issued has an opportunity to cross examine the moving party and provide witnesses and testimony.
The temporary ex parte protection order protects individuals by preventing them from entering their residence or interfering with custody. The protection order gives them grounds to call the police before harm can be perpetrated against them.
While I believe in the value of the ex parte protection order, as a Boise Divorce Attorney I have also seen it misused. I have seen it misused as a means get back at the other party, to interfere with custody or to try and make the other party look bad. It is for these reasons that the ex parte protection order cannot last for more than 14 days. In addition, Idaho law allows for a motion to shorten time which allows the accused party the opportunity to have the hearing heard earlier and have the opportunity to present their evidence which they believe proves their innocence.
If you need to speak with a Boise Divorce Attorney or need advice or representation for domestic violence, divorce or other custody issues, call (208) 472-2383 or visit www.lawboiseid.com for more information.
Monday, January 3, 2011
Boise DUI Lawyer Discusses Breathalyzer
As a Boise DUI Lawyer part of my job is to make certain that my clients are not convicted of a crime when their rights have been violated. Part of the evidence that goes into a DUI conviction in Idaho is evidence of a BAC of .08 or greater as measured by a breathalyzer. There are many ways to challenge a breathalyzer reading but today I am going to discuss the defense of burping.
As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.
If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.
For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.
As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.
If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.
For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.
Thursday, December 30, 2010
Boise Divorce Attorney Discusses Custody Across State Lines
As a Boise Divorce Attorney I often get calls from people who live in other jurisdictions and have been served Idaho divorce papers. Here's how the calls go.
"My wife left me with the kids 6 months ago and moved to Idaho. I have visited the kids in Idaho and I thought I was on good terms with my wife and now she just served me with divorce papers. I live in a different state and if we are going to get divorced I want the divorce to take place in my state."
Here's the problem. They generally have waited too long to get the divorce in their home state. What that means is they will have to have the divorce in Idaho. This is because once you have been in the State of Idaho for 6 weeks, Idaho has jurisdiction. This applies to the children in this case as well because in effect by not approaching your home court when your children were taken from your state and by voluntarily visiting your children in Idaho, you have submitted to Idaho jurisdiction for child custody.
This scenario, however, is different if the children are illegally taken from the state as in parental abduction cases. When you know your kids have moved with their mother and you visit them it shows a form of consent.
This isn't necessarily a bad thing, however. You can still get the divorce, you can still resolve child custody, get visitation etc. You, however, cannot make her come back to your state. As a Boise Divorce Attorney I think the main thing that is bad about this is if you aren't the primary physical custodian, visitation becomes a long distance visitation scenario which will be discussed in a subsequent blog.
"My wife left me with the kids 6 months ago and moved to Idaho. I have visited the kids in Idaho and I thought I was on good terms with my wife and now she just served me with divorce papers. I live in a different state and if we are going to get divorced I want the divorce to take place in my state."
Here's the problem. They generally have waited too long to get the divorce in their home state. What that means is they will have to have the divorce in Idaho. This is because once you have been in the State of Idaho for 6 weeks, Idaho has jurisdiction. This applies to the children in this case as well because in effect by not approaching your home court when your children were taken from your state and by voluntarily visiting your children in Idaho, you have submitted to Idaho jurisdiction for child custody.
This scenario, however, is different if the children are illegally taken from the state as in parental abduction cases. When you know your kids have moved with their mother and you visit them it shows a form of consent.
This isn't necessarily a bad thing, however. You can still get the divorce, you can still resolve child custody, get visitation etc. You, however, cannot make her come back to your state. As a Boise Divorce Attorney I think the main thing that is bad about this is if you aren't the primary physical custodian, visitation becomes a long distance visitation scenario which will be discussed in a subsequent blog.
Sunday, December 26, 2010
Boise Divorce Attorney Gives Tips For Effecting Visitation Change
As a Boise Divorce Attorney I often see routine changes in visitation causing conflict and stress. My role as a counselor is to help ease the transition of visitation between households. A smooth transition helps the children involved in custody swaps and it helps the parents avoid conflict.
As a Boise Divorce Attorney the best tip I can offer is to be timely. If you are dropping off or picking up if everyone is on time there is one less thing to complain about. If something comes up, make certain you phone ahead and let the other parent know what has happened and when you will be there. An occasional tardy is understandable but my second tip
is to not let it become a habit.
As a Boise Divorce Attorney I often hear from clients how they get upset if one parent was supposed to bring clothes, school work or other necessary items for the custody swap. This can cause conflict by placing the other parent in a fix, especially if special clothes were requested or a homework assignment is due. Always be respectful of the other party and their situation. A divorce can create tremendous strain on all parties involved, but spite only serves to make the tension greater.
My fourth tip is to keep schedules unless absolutely unavoidable. If one party or the other is regularly changing how and when things are done, it can cause a great deal of resentment. Resentment leads to stress and further deterioration of your relationship with the other party.
As a Boise Divorce Attorney I offer these tips to help ease the routine swap in custody. Divorce is very difficult for children but when you maintain a consistent routine, you reduce stress and conflict and you are respectful to the other party your children will be less likely to suffer the consequences of divorce.
For more information concerning divorce and custody visit www.lawboiseid.com
As a Boise Divorce Attorney the best tip I can offer is to be timely. If you are dropping off or picking up if everyone is on time there is one less thing to complain about. If something comes up, make certain you phone ahead and let the other parent know what has happened and when you will be there. An occasional tardy is understandable but my second tip
is to not let it become a habit.
As a Boise Divorce Attorney I often hear from clients how they get upset if one parent was supposed to bring clothes, school work or other necessary items for the custody swap. This can cause conflict by placing the other parent in a fix, especially if special clothes were requested or a homework assignment is due. Always be respectful of the other party and their situation. A divorce can create tremendous strain on all parties involved, but spite only serves to make the tension greater.
My fourth tip is to keep schedules unless absolutely unavoidable. If one party or the other is regularly changing how and when things are done, it can cause a great deal of resentment. Resentment leads to stress and further deterioration of your relationship with the other party.
As a Boise Divorce Attorney I offer these tips to help ease the routine swap in custody. Divorce is very difficult for children but when you maintain a consistent routine, you reduce stress and conflict and you are respectful to the other party your children will be less likely to suffer the consequences of divorce.
For more information concerning divorce and custody visit www.lawboiseid.com
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