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Idaho Completing Family Case Answer and Counterclaim (No Children)

State:
Idaho
Control #:
ID-SKU-443
Format:
PDF
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Description

Completing Family Case Answer and Counterclaim (No Children)

Idaho Completing Family Case Answer and Counterclaim (No Children) is a legal document filed by a respondent in a family law case in the state of Idaho. It is used to respond to the complaint filed by the petitioner and includes any counterclaims the respondent may have. The answer and counterclaim must be filed within 28 days of service of the complaint. There are two types of Idaho Completing Family Case Answer and Counterclaim (No Children): Answer and Counterclaim without Children, and Answer and Counterclaim with Children. The Answer and Counterclaim without Children includes claims that do not involve the parties' minor children, such as divorce, legal separation, annulment, or a claim for alimony or property division. The Answer and Counterclaim with Children includes claims that involve the parties' minor children, such as child custody, visitation, or child support. In both types of Answer and Counterclaim, the respondent is required to disclose all relevant facts and information related to the case. The respondent must also specify which of the petitioner’s claims are admitted and which are denied, and provide any counterclaims the respondent may have. The document must be notarized and filed with the court.

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FAQ

Expectant fathers start out with the same legal rights as expectant mothers. They have a right to parent their child and a right to object to an adoption of their child. However, in Idaho, a man must claim paternity of children born outside of marriage through the Idaho paternity registry, or putative father registry.

The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child's custody, services and earnings.

Winning Full Custody: Preference of the child. Stability needs of the child. Parent's desire for custody. Parent's history including domestic violence. The relationship of a child with parents and siblings. Parental fitness including physical and mental health. Child's adjustment to school.

Consent is required from the terminating parent under Idaho Code section 16-1504. Consent must be witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person consenting resides.

Failure of the parent to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment under this section . . . (1986).

Parental rights may be voluntarily terminated when a stepparent wants to adopt a child and the child's natural parent agrees to the termination. In the other case, the rights of one or both parents may be terminated due to abuse, neglect, or abandonment.

Idaho Statutes 32-717B. Joint custody. (1) "Joint custody" means an order awarding custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with both parents.

Q: At what age can a child decide which parent to live with? A: When a child turns 18 they have the legal right to move wherever they desire. Before then, there is no specific age by law when they can start making that type of decision for themselves.

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Idaho Completing Family Case Answer and Counterclaim (No Children)