Legal Question in Family Law in Idaho

Re: X-husband is very dangerous to my kids and refuses to sign over custody.

Idaho Code Section (IC Sec) 16-2005 sets forth the requirements for terminating a parent's parental rights. you can terminate for any of the following reasons: 1. for abandonment-wilfully failing to maintain normal parental relationship, i.e. regular support or regular personal contact; 2. if the parent has neglected or abused the child; 3. parent is unable to discharge parewntal responsibilities b/c of mental disease or defect and reasonable grounds to believe that injurious to the child's health, morals, or well-being. 4. if termination is in the best interests of the child.

You must prove that your allegations are true by clear and convincing evidence. see I.C. Sec. 16-2009.

for Abandonment, a full year of no contact is prima facie evidence that abandonment has occurred.

These rules exist because parental rights are fundamental rights and it takes a high burden of proof the take these rights away. Clear and convincing evidence is the highest burden of proof except for beyond a reasonable doubt which is the burden of proof in ciminal cases.

My telephone number is 208-345-3817 if you'd like to discuss this with me and I charge $120 per hour for my services.