Legal Question in Family Law in Idaho

Re: Answering a summons

you need to file an answer within 20 days of being personally served with the summons and complaint. I suggest you hire an attorney to represent you. You can do it yourself but I strongly advise you against doing so. .......... You also need to file a motion for contempt against her. If you prove that she is in contempt, then generally she cannot ask the court for anything-called the clean hands doctrine. the court will not grant her petition if she is in wilfull contempt of any other court order.

My telephone number is 208-345-3817. You must immediately file an answer or she can get a default judgment against you.

Re: Answering a summons

You do have a limited time in which to file an answer. In Florida, that time limit is 20 days from the date you were served with the petition. But, this time limit may be different in Idaho. I agree with attorney Martin that the Florida test to modify visitation/custody requires your ex to prove that there has been a substantial change in circumstances since the entry of the Final Judgment or last visitation order. However, assuming that jurisdiction is properly in Idaho, you should consult with an Idaho attorney to determine what your ex needs to prove to modify visitation.

Re: Answering a summons

Based on your information provided, your ex wife seeks to modify the existing court order to change visitation. She must have a good reason, and must show a substantial change in circumstances since the court order. You must answer the petition by filing with the court an answer stating why the order should not be changed. Yes, you can mention her previous contempts, your payment of support, but you must explain why the present visitation is best for the child and best for your parental relationship with the child. You don't have to get an attorney, but it could save you a lot of time and mistakes.