Child Custody Legal Steps

Summary

If your wife is in rehab and your son is staying with a friend, you can file for child custody in Idaho. Steps include drafting a petition, filing it with the court, serving notice to the other parent, and attending hearings. Gather evidence by hiring a private investigator, documenting communication, and collecting witness testimonies. Consider consulting a family law attorney for personalized guidance. Contact the Idaho State Bar Lawyer Referral Service for assistance in finding an attorney.

Full Conversation

Alex
Nice to meet you, Alex! How can I assist you with your legal issue today?
I am wondering what I can do if my wife refuses to let me see my son and she has him staying with her friend while she is in drug rehab.
Hi Alex! You might have a strong case for legal action here. To provide specific guidance, could you please let me know which state you are currently residing in?
Idaho
Alex, here are some steps you can take in Idaho:
- File a petition for child custody or modification.
- Request an emergency custody hearing if your child's safety is at risk.
- Gather evidence of your wife's rehab condition and the current living situation of your child.
Have you considered contacting a family law attorney to assist you with this process?
Yes
Alex, it sounds like you have a potentially strong case for seeking custody of your son. Here are some steps you can take:
- File a petition for child custody or modification.
- Request an emergency custody hearing if your child's safety is at risk.
- Gather evidence regarding your wife's rehab condition and your child's living situation.
Since you mentioned considering contacting a family law attorney, it would be a good idea to proceed with that. An attorney can help you navigate the legal process and advocate for your parental rights.
Would you like information on how to find a family law attorney in Idaho?
Yes

Idaho State Bar Lawyer Referral Service


Phone: (*) *-*
Website: www.idahobar.org

Would you like to know more about the steps involved in filing a petition for child custody or modification?
Yes
In Idaho, here are the steps involved in filing a petition for child custody or modification:
*. Draft Petition: Prepare the necessary legal documents, including the petition for custody or modification.
*. File with Court: Submit the petition to the appropriate family court.
*. Serve Notice: Serve the other parent with notice of the petition.
*. Attend Hearings: Participate in court hearings to present your case.
Would you like more detailed information on any of these steps?
Yes
In Idaho, here are more details on each step:
*. Draft Petition: You may need to include reasons for modification and evidence supporting your claims.
*. File with Court: Submit the petition to the family court in your county.
*. Serve Notice: Use a process server or sheriff to deliver notice to the other parent.
*. Attend Hearings: Prepare to present evidence and potentially have witnesses testify.
Would you like guidance on gathering evidence or preparing for court hearings?
How can I gather evidence if I don’t know for certain where my son is at
To gather evidence in this situation, you can:
- Hire a Private Investigator: They can help locate your son and gather information about his living conditions.
- Document Communication: Keep records of all communication with your wife and her friend.
- Witness Testimonies: Collect statements from anyone who knows about your wife's situation and your son's living conditions.
Would you like more detailed guidance on any of these steps?