Legal Question in Family Law in Idaho

Re: Does my childs father have more rights than I do.

I don't practice law in your state, and your state's laws might differ from mine. My first piece of advice, therefore, is to consult an Idaho family/domestic relations attorney.

In my state, if a court has not ruled on a parenting plan, then each parent is presumed to have equal right to physical custody of the children. What often happens is that the nonresidential parent will take the child for parenting time and not return the child. If no court-ordered parenting plan exists, law enforcement can't help the residential parent in a parenting dispute. The residential parent will usually have to file a case, often the court is reluctant to "ping pong" the child during the pendency of the case, and the child remains with the nonresidential parent until the court rules. This can be a couple of weeks to several months.

While there might be a few exceptions, it is almost always best to have a court-ordered or court-adopted parenting plan -- whether the parents file a stipulated parenting plan (one they've worked on together and presented to the court), or whether one parent petitions the court to adopt his or her parenting plan and the other parent objects. Court-adopted or court-ordered parenting plans are enforceable by law enforcement and by the court; if one parent takes the child, the other parent has some way to get help much faster than if no plan exists.

It will be worth the expense to consult with an Idaho attorney experienced in family law. At the least, you will know your parental rights and the risks you face without a parenting plan.

Re: Does my childs father have more rights than I do.

I hate to sound like a lawyer ... but it depends.

Do you have any court order as to custody? Does he

have contact with your daughter ... if not, for how

long? Were the two of you married? How long have

you and your daughter lived in Idaho?

Generally, if there is no court order, then it is

presumed that you and your ex have equal rights to

your daughter. He has the right to come see her, etc.

BUT, he may not come take her if it will breach the peace.

He cannot come and forcibly take her from you. If he

came and wanted to take her and you said no, and there is

no valid court order as to custody, then the police cannot

force you to let her go with him ... but they will force

him to not become violent and to obey other laws ... stop

him from trespassing, etc.

There are a number of facts that would need to be

provided for an attorney to fully advise you on this.

But you should be aware that it doesn't matter if your

daughter's last name is the same as your's or the same

as your ex's ... the last name does not confer any

rights on him or on you.

If I can be of additional assistance, please don't

hesitate to contact me at 208-746-5508.

Good Luck, I hope it all works out well for you.