I’m helping my son look for a lawyer to help him get shared custody of his son. Him and his wife divorced a few months before he was born. She moved to Sandpoint Idaho and my son lives in Rigby. He desperately wants to be a father to this little boy but his ex wants to control everything and he feels he has no say in what happens and is not allowed to be a father. His baby was born on November 5th and we went to see the baby after he was born. We had to fight to even see the baby. Finally they set up a room to see his son for the first time but they had set up security. Also the hospital wouldn’t let my son sign the birth certificate. They said we had to go through the state to legally get him on the birth certificate as the father. My son set up a time to come up this weekend to spend time with his son, and like always his ex says she is busy and that he can’t come. He feels he has no rights and won’t be able to see his son again without legal assistance.We have tried to get advice from lawyers here and they say he needs a lawyer closer to Sandpoint. He has little money because he is paying the bills and had to clean up the mess she left him with. He wants to be a father.
Divorced fathers in Idaho have whatever legal and physical custody rights are decreed by the divorce court. If this pregnancy was known but ignored at the time of the divorce, the mess started there. Idaho law recognizes a legal presumption that a child conceived during the marriage is the child of the marital parties. One strategy for correcting these deficiencies may be to amend the decree of divorce, especially of the wife concealed or failed to disclose the pregnancy. If not, a petition to modify the decree of divorce will be needed. The assistance of local experienced family counsel will be important, but expecting private counsel to agree to do so on a pro bono basis is probably not a reasonable expectation.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.
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