Legal Question in Family Law in Idaho
Do I have basis for a tort claim and how do I obtain custody?
I left my husband almost 2 years ago, due to domestic violence. He took my little girl from me and has had custody of her and has refused visitation for over a year now. I have tried to file divorce papers on my own, as I can not afford an attorney.
My husband is a registered sex offender, in counseling and on probation. He had an addendum at the counseling office he attends that states he cannot have contact with minors, but since he has had custody it has been revised by the counseling service he attends. I have notified his counselor and his probation officer that he is drinking and allowing our 4 year old to drink off his beer. They said that if I had any more concerns to let them know, but they would investigate. It was also stated to me that this is not the first time that I have tried to get him into trouble by making false statements against him. I stated to them that I have not made any false statements about my husband nor will I ever.
I have three questions, Do I have basis for a tort claim against the counseling service he attends, as well as Probation and Parole? Where do I get the paperwork to do this, if I do have basis for a claim? Thirdly, how do I obtain custody without a lawyer?
3 Answers from Attorneys
Re: Do I have basis for a tort claim and how do I obtain custody?
Unless you want to spend the time, money and effort to be prepared to represent yourself in this matter, you're in way over your head. Contact lawyers in your area and see if you can work out a payment plan; otherwise, find a law library in your area and be prepared to spend many hours preparing yourself. There is no simple solution to your problem that I could explain to you in e-mail replies.
Re: Do I have basis for a tort claim and how do I obtain custody?
As far as custody goes I will help you for free in this matter. If you are in the Houston area please call me immediately! About 20% of my work is pro-bono (no fee). Your case is the type that I do not mind doing at no charge. 24 hr. #713-902-3754
Re: Do I have basis for a tort claim and how do I obtain custody?
You didn't say whether or not the counseling center was
a governmental entity, which is required before you can file
a tort claim. If it is not a governmental entity no tort
claim is required.
If the child is endangered by the father's actions, then
you can contact the Idaho Dept of Health and Welfare, Child Protection
Division and they may get involved and investigate the father's
parenting.
You can get a packet to file a divorce but I do not recommend it.
You can also find an attorney if you are a needy person and you qualify thru
the Idaho State Bar Volunteer Lawyer service at 334-4500.
Just briefly regarding the filing of a tort claim against a
governmental entity, the following apply:
See Idaho Code sections 6-901 and following:
1. section 6-904 lists the exceptions to governmental liability
2. you must file the claim within 180 days of the date the
claim arose by filing the claim with the Idaho Secretary of State or
with the clerk or secretary of the political subdivision
3. the statute also sets forth the requirments for the filing
with which you must comply to file a lawful claim.
4. If it has been more than the time for filing the claim,
your claim is barred.
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