Family Law Flashcards

Under Idaho's Uniform Parentage Act, a voluntary acknowledgment of paternity signed by both parents has:

Answer: The same legal effect as a court judgment establishing paternity

Under Idaho Code § 7-1106, a valid and unchallenged voluntary acknowledgment of paternity has the same legal effect as a court judgment establishing paternity, creating full parental rights and obligations.

In Idaho, an emergency domestic violence protection order may be granted:

Answer: Ex parte if the court finds immediate and present danger of domestic violence

Idaho Code § 39-6308 authorizes courts to issue ex parte emergency protection orders when an applicant demonstrates immediate danger of domestic violence, without prior notice to the respondent.

Under Idaho adoption law, when may a birth parent's signed consent to adoption be challenged or revoked?

Answer: Before entry of the final adoption decree upon a showing of fraud, duress, or undue influence

Idaho courts allow a birth parent's consent to be challenged before finalization of the adoption if the parent can establish that the consent was obtained through fraud, duress, or undue influence.

In Idaho, a prenuptial (antenuptial) agreement is generally enforceable if:

Answer: It was signed voluntarily with fair and reasonable disclosure of each party's financial circumstances

Idaho courts enforce prenuptial agreements when they are entered into voluntarily and accompanied by adequate disclosure of assets and financial obligations; agreements tainted by coercion or concealment may be set aside.

Under Idaho community property law, how is the appreciation in value of a business owned by one spouse before marriage treated when that appreciation results from the active efforts of the owning spouse during the marriage?

Answer: The appreciation attributable to marital effort may be characterized as community property

In Idaho, when a separate property business appreciates due to a spouse's active participation during marriage, the portion of that appreciation attributable to marital effort—rather than passive market forces—may be characterized as community property.

Under Idaho law, what must the moving party demonstrate to obtain modification of an existing child custody order?

Answer: A material and substantial change in circumstances since the entry of the prior custody order

Idaho courts require the moving party to demonstrate a material and substantial change in circumstances since the prior custody order before reopening the custody determination, to protect children from ongoing litigation and instability.

In Idaho, how are personal injury damages received by one spouse during the marriage typically characterized for community property purposes?

Answer: Damages for pain, suffering, and loss of personal capacity are separate property of the injured spouse

In Idaho, damages compensating the injured spouse for personal pain, suffering, and loss of personal capacities are generally characterized as that spouse's separate property, while damages for lost wages and medical expenses during marriage may retain a community character.