Careywood Family Law Lawyer, Idaho
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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James Theodore Diehl
Family Law, Criminal, Civil Rights, Personal Injury
Status: In Good Standing Licensed: 39 Years
106 Superior St, Sandpoint, ID 83864
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12546 N Shamrock St, Hayden, ID 83835
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LEGAL TERMS
ABANDONMENT (OF A CHILD)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the ch... (more...)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
LAWFUL ISSUE
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'
TENANCY BY THE ENTIRETY
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.
COMMUNITY PROPERTY
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.
POT TRUST
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.
LEGAL CUSTODY
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.
ADOPTION
A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship rec... (more...)
A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship recognized for all legal purposes -- including child support obligations, inheritance rights and custody.
SPOUSAL SUPPORT
See alimony.
QMSCO
See Qualified Medical Child Support Order.
SAMPLE LEGAL CASES
State v. Payne
... For instance, in IC § 41-1325, "`immediate family member' means a parent, mother-in-law,
father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, or a son or daughter." IC § 41-1325(2). Likewise, in IC § 44-1601, "`[i]mmediate ...
Dawson v. Cheyovich Family Trust
... purchase price of the property was $60,000, with Dawson contributing $30,000, Jack Lee McClean
contributing $15,000, and the Cheyovich Family Trust contributing ... The interpretation of the Idaho
Rules of Civil Procedure is a matter of law over which this Court has free review. ...
Anderson v. Rex Hayes Family Trust
... Neider v. Shaw, 138 Idaho 503, 506, 65 P.3d 525, 528 (2003). This Court exercises free review
over questions of law. Id. III. ANALYSIS. ... Russ Ballard & Family Achievement Inst. v. Lava Hot
Springs Resort, Inc., 97 Idaho 572, 579, 548 P.2d 72, 79 (1976). ...
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