Legal Question in Family Law in Idaho

Re: How do I obtain Emergency custody?

You didn't say whether this was just a custody case or

a case for divorce. However, I'll try to answer your

questions in order in your request.

If your brother didn't have a hearing to contest the

domestic violence protection order, it was entered by

his default or failure to contest it. If a hearing was

held and the court made the decision that the order should

be entered then there is no way to get another hearing on

it for at least 90 days.

You or your brother must prove that it is in the child's

best interests to get custody of the child, in other words,

you must prove that it is not in the child's best interests

for him to stay with the mother, by the greater weight of the

evidence.

You didn't say how you got custody of the child for the last

four weeks and why your brother doesn't have the custody. without

knowing additional facts, I can't render an opinion as to your brother

trying to get custody.

As far as evidence is concerned, you should subpoena documents

from mother's mental hospital and a person who keeps the records

or gave the advice or counseling. If you have evidence that mother

will run with the child, that would be contempt of court if it

violates the restraining order that is attached by the clerk of

the court to each petition for modification, complaint for

divorce, etc.

You personally do not have any right to petition the court

for anything because you are not a parent or even a grandparent,

who have rights to visitation under Idhao law.

the parents of the child are the only parties that can

petition for anything otherwise.

Since I don't know anything about the terms of her criminal

probation, I cannot render an opinion about what would violate

her probation. Usually, leaving the state without the probationer

officer's permission, will violate a felon's probation.

Hearsay is not admissible in court unless your proposed statements

were made by the mother against her interest. Numerous other exceptions

exist that you could use but the rule is Hearsay is not admissible to

prove the truth of the matter asserted.

You will need someone who has seen her use drugs while she was

caring for the child, or has put the child in danger, or has neglected

the child in any way, recently.

Additional evidence is usually provided by the pediatrician who

has examined the child and found abuse or neglect.

A counselor can also testify to what the child tells him if he

used the statement to make his professional judgment that the child

is abused, etc.