Skip to main content
Mark R Petersen

Mark Petersen’s Answers

67 total


  • How to prove best interest of child

    I manage everything. apts, takin classes,

    Mark’s Answer

    Although the information you provided is limited and unclear, it appears that you are questioning what would happen to your child in the event that you passed away.

    In the event a parent passes away, the other parent would be the default parent to receive custody/guardianship of the child. However, if that parent has "issues" and is not fit to be a full time parent, an interested third party can file a guardianship action and seek to be appointed the child's guardian.

    Although you cannot prevent the other parent from having default custody/guardianship, in your estate planning documents (i.e. create a will and guardianship nomination) you can specifically name/nominate a successor guardian and also detail why you do not believe the other parent should be the child's guardian. This does not control the outcome of the guardianship, but provides the Court more information regarding the child's best interests if custody/guardianship became an issue between the other parent and the person(s) you appointed as the guardian.

    I would advise you to prepare the necessary estate planning documents to protect your child.

    See question 
  • What is the average child support for Idaho.

    Last estimate 2009- / 200 judge figure

    Mark’s Answer

    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 likely at minimal cost.

    See question 
  • What is there to do when you reopen a custody case?

    I recently "won" the court case that I filed. I have sole and physical custody of my son. It became a default since his father didn't respond. (It was in the newspaper for 20 days!!) Now (two months after the case was closed) his father decides to...

    Mark’s Answer

    His two options to change a default order are: (1) setting aside the default order; or (2) modify the default order.

    To set aside a default order, he has to prove that there was fraud, mistake, the judgment is void, etc. Typically it is difficult to set aside a default judgment. However, if he can prove that service was improper then the Court could set aside the judgment.

    To modify a default order, he is required to show a substantial and material change in circumstance that justifies modifying the order. The determination of whether or not a substantial and material change in circumstance is left to the discretion of the judge and is analyzed under the best interests of the child standard.

    If the father has reopened the case, I strongly encourage you seeking legal assistance to deal with either of these scenarios.

    See question 
  • I want to fight my sister on our estate I have withdrawn from it for two years but need to see appraisal

    and whatever i need to make my case. would i start with the attorney of the estate (LLC) AND ARE THEY GOING TO TELL HER WHAT IVE ASKED FOR ? ALSO DO I TELL THEM EVERYTHING I KNOW OR JUST THE PAPERWORK IS NEEDED

    Mark’s Answer

    If you are a beneficiary to the will or trust, you have the right to require an accounting of all estate assets either through a trust or a probate proceeding. This may be accomplished through the estate attorney but is typically done by contacting the Personal Representative or Trustee directly. Since it may be necessary to involve the court system, I recommend you obtain an estate/probate attorney in your area that can assist you in making the proper demand and follow through with any required court action.

    See question 
  • How does my get more physical custody than his son's mother.

    My son filed for custody of his son the mother was served and asked to drop it. Has not been in consistent contact since mid march. He has offered her time with son and she has refused. She contacts wanting to see child meet in open location. Her ...

    Mark’s Answer

    Your situation sounds complicated and in order to have a change to get your grandson back you need to hire an attorney immediately who is experienced in family law so he/she can assist you with filing the necessary court documentation.

    See question 
  • Husband wants me to move out . do i have to

    no job and no money and no where to go

    Mark’s Answer

    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.

    See question 
  • Does the State of Idaho recognize a Legal Separation Agreement?

    My husband & I are separated; he moved out this past week. We do not want to divorce, however, as a result of my husband's "determination" to resolve the tough stuff when emotions are charged; well, we definitely need the geographic separation & t...

    Mark’s Answer

    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 need to deal with complex issues.

    See question 
  • My grandchildren were taken by welfare.what rights do i have?what rights do the other family members have?how do i fight them?

    grand children taken away from parents and placed in our home then welfare took them and put them in foster care with strangers.the oldest girl accused the next door neighbor of molesting her so welfare took them from us.there was a little girl li...

    Mark’s Answer

    • Selected as best answer

    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.

    See question 
  • Can I file a motion with court to not personally attend an arraignment for contempt of court?

    I have been accused of contempt of court by my ex wife for allegedly not paying child support. In 7 days is the arraignment. At that time judge will advise me of my rights and ask if guilty or not guilty. I don't want to attend that and miss wo...

    Mark’s Answer

    The Idaho Rules of Civil Procedure do allow for an appearance in writing to a contempt proceeding but only for an attorney. If the Court has specifically required your presence at the hearing, you will have to attend in person.

    Contempt proceedings can carry significant penalties including jail time if ex wife is seeking a criminal contempt against you. Also, there are certain defenses to contempt that you need to consider. To be fully aware of these issues, I highly recommend you obtain an Idaho family law attorney who has experience with family law related contempt proceedings.

    See question 
  • 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?

    do I need to contact the health and welfare. What do I have to do?

    Mark’s Answer

    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 local family law attorney can assist you with this process.

    See question