Moyie Springs Family Law Lawyer, Idaho
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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421 Gold Creek Road, Sandpoint, ID 83864
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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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LEGAL TERMS
INCURABLE INSANITY
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.
FOSTER CARE
Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents h... (more...)
Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents have a legal responsibility to care for their foster children, but do not have all the rights of a biological parent--for example, they may have limited rights to discipline the children, to raise them according to a certain religion or to authorize non-emergency medical procedures for them. The foster parents do not become the child's legal parents unless the biological parents' rights are terminated by a court and the foster parents adopt the child. This is not typically encouraged, as the goal of foster care is to provide temporary support for the children until they can be returned to their parents. See also foster child.
ORDER TO SHOW CAUSE
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.
CRUELTY
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.
PETITION (IMMIGRATION)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.
INTERLOCUTORY DECREE
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
AGE OF MAJORITY
Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in ... (more...)
Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in the armed forces and purchase alcohol. Also, parents may stop making child support payments when a child reaches the age of majority. In most states the age of majority is 18, but this varies depending on the activity. For example, in some states people are allowed to vote when they reach the age of eighteen, but can't purchase alcohol until they're 21.
ADOPTED CHILD
Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.
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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