Mark R Petersen’s Answers

Mark R Petersen

Pocatello Divorce / Separation Lawyer.

Contributor Level 9
  1. My grandchildren were taken by welfare.what rights do i have?what rights do the other family members have?how do i fight them?

    Answered about 1 year ago.

    1. Mark R Petersen
    2. Kathryn Mary Holton
    2 lawyer answers

    Fighting Health and Welfare is a difficult battle. I highly recommend you immediately obtain legal counsel in Caldwell that has experience fighting Health and Welfare in Child Protection cases.

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  2. Can husband refinance house without wife's signature?

    Answered over 2 years ago.

    1. Mark R Petersen
    2. Paula Brown Sinclair
    2 lawyer answers

    The mortgage lender under their contract terms will decide if they are willing to refinance a house without the signature of the spouse. Refinancing the house into the husband's name does not terminate the wife's community property interest in the home but could possibly create problems for the wife in the future in the event of a divorce. Additional information would be needed to provide a better answer. If you are concerned about your losing your interest in the home then I would...

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  3. Can a 18 year old adopt my babie if she is stable?

    Answered about 3 years ago.

    1. Mark R Petersen
    2. Marc John Weinpel
    3. Gregory K Byrd Esq.
    4. Mary Katherine Brown
    4 lawyer answers

    It is possible for her to adopt the baby. Idaho law states that "the person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older". (See http://legislature.idaho.gov/idstat/Title16/T16CH15SECT16-1502.htm). Since she is more than 15 years older than the baby and an adult she would have the ability under Idaho law to adopt the baby. Your consent would be needed and it may be necessary to receive the consent from the...

    2 lawyers agreed with this answer

  4. Does the State of Idaho recognize a Legal Separation Agreement?

    Answered 10 months ago.

    1. Mark R Petersen
    2. Paula Brown Sinclair
    2 lawyer answers

    Legal Separation's are allowed in Idaho but due to the complexity of the separation agreements I highly recommend obtaining a competent family/divorce law attorney. Separation agreements deal with all issues that a divorce would resolve, including custody and support if you have minor children and the division of property and debt (including each individual's responsibility towards the property or debt). These issues can get complex and your DIY forms typically do not contain the language you...

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  5. What is the average child support for Idaho.

    Answered 10 days ago.

    1. Mark R Petersen
    2. Paula Brown Sinclair
    2 lawyer answers

    There is no "average" child support in Idaho. Child support is determined under the Idaho Child Support Guidelines and the major influences on child support are (1) Number of Children; (2) Child Custody Arrangement; (3) Income of both parents; (4) Medical Insurance premiums for the children; and (5) tax exemptions. Without the information above, it is not possible to determine child support. If you need to perform a child support calculation, a local family law attorney could do this for...

    1 lawyer agreed with this answer

  6. Husband wants me to move out . do i have to

    Answered 10 months ago.

    1. Mark R Petersen
    2. Jefferson Ragnar Griffeath
    2 lawyer answers

    To answer this question I would need some additional information but a short answer is that if your home is community property (i.e. purchased during marriage) then each of you has equal right to the home and neither of you can force the other out of the home. Once a divorce is filed, a judge could issue an order regarding possession of the house that may require you to vacate the house.

    1 lawyer agreed with this answer

  7. My son lived with his father and I payed child support. Now my son lives with me full time do I have to continue paying?

    Answered about 1 year ago.

    1. Paula Brown Sinclair
    2. Mark R Petersen
    3. Lee Alan Thompson
    3 lawyer answers

    Idaho Child Support Receipting will continue to enforce (i.e. calculate the monthly child support owed) the current order until they receive a court order that modifies the child support. Idaho Child Support may view this as a non-enforced case but the child support will continue to accumulate until they received the modification order. Please note that the Court typically only modifies child support back to the date you file a modification request so the sooner you file the better. A...

    1 lawyer agreed with this answer

  8. Father's chance of 50/50 custody?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Mark R Petersen
    2 lawyer answers

    A court will look at the best interests of the child when determining whether or not to grant the father's petition to change the custodial arrangement. The Court should consider (1) the wishes of the child's parent or parents as to his or her custody; (2) The wishes of the child as to his or her custodian; (3) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (4) The child's adjustment to his or her home, school, and community;...

    1 lawyer agreed with this answer

  9. Can I get a deferred judgement on a paraphernalia ticket? without a lawyer?

    Answered over 2 years ago.

    1. Mark R Petersen
    2. John Robert Kormanik
    2 lawyer answers

    In Idaho you can receive a withheld judgment on a criminal conviction. Successful completion of probation on a withheld judgment will result in the charge being dismissed. When the judge enters a withheld judgment, a judgment of conviction is not entered against the person which allows the person to receive a dismissal of the charge. A withheld judgment would not be reported as a conviction to HUD housing. I recommend that you obtain legal counsel to assist you with protecting your husband's...

    1 lawyer agreed with this answer

  10. Acted impulsively made a stupid decision and got caught Shoplifting at walmart,Will I go to jail?What will happen to me?

    Answered over 2 years ago.

    1. Mark R Petersen
    2. Benjamin J Lieberman
    2 lawyer answers

    On a first offense petit theft charge you face the maximum of 6 months in jail and a $1,000.00 fine. If convicted, the judge will sentence you and he/she has discretion on how much of the maximum to impose against you. My experience with eastern Idaho courts is that typically on a first offense petit theft the judge does not impose jail time but the judge will likely put you on probation. They may even impose jail time and then suspend the time. Other options include community service and...

    1 lawyer agreed with this answer