- DivorceI have maintained a general practice, including cases involving personal injury, misdemeanor criminal cases, wills and trusts and probate; but, over the years I have increasingly specialized in divorce and family law cases, including custody and child support modifications, prenuptial agreements, adoption, guardianships and mediation. Over 90% of my cases are resolved out of court, but I am more and more involved with complicated custody and property disputes that require a significant amount of trial work. Regardless, I have been trained in the mediation of disputes of all kinds and my objective is to resolve your case in the most efficient and economical manner that is possible, including all methods of alternative dispute resolution that are available. I know that you want your issues resolved, not aggravated. If I can’t help you, I am going to tell you that. If you are aggravating your own case, I am going to tell you that. I am experienced in recognizing both sides of every dispute and I am going to make sure that you understand both sides of your case, what the issues are and how they can be resolved.
- Child SupportIdaho is a “no fault” divorce state. If your marriage is going to be resolved, you may be faced with resolving the custody and support of your minor children; and, regardless, you will probably be faced with resolving the identification, valuation and division of your community property and debt incurred during the marriage and remaining owing. If you have minor children, you are left with the resolution of custody and child support issues. Idaho favors joint legal custody i.e. it is presumed that both parents will continue to share in making parenting decisions on behalf of their minor children. Idaho also favors joint physical custody, but in Idaho that simply means that the objective is to maximize the amount of time a minor child should and can spend with both parents. If you feel that there should not be joint decision making or if you feel one parent should be restricted in physically caring for or supervising a child, I need to know why and how I can help you prove what is in the best interest of your child. A truly “shared” arrangement will have your child residing essentially an equal amount of time with each parent. A more “standard” approach would have your child residing primarily with one parent and then specifically defining the periods of physical custody for the other parent. Once the custody arrangement is determined, that will be one of the major factors in determining child support under Idaho’s Child Support Guidelines – the other factor is the expected gross annual income of each parent. My job is to help you resolve these issues. That may mean assisting you in settlement discussions, mediation or in presenting your case to the Court at the time of a trial.
- Child Custody and VisitationBrent has been practicing in Idaho for nearly 40 years. He received his JD from BYU’s J. Reuben Clark Law School, and MBA from Golden Gate University, and a BS in Finance from the University of Idaho. He is also certified in Idaho as a mediator as well as a child custody mediator. He was honored to serve in the United States Air Force and Utah Air National Guard for more than three decades reaching the rank of Colonel and retired as the director of operations for the Utah Air National Guard. He is actively involved in the Family Law Section for the 6th District Court in Idaho. Brent knows what it means to represent Idaho families both in the office and in the courtroom.
- Adoption
- Premarital AgreementStatistically, the majority of marriages today will end in divorce. A prenuptial agreement is generally not needed. However, where one or both parties have acquired substantial property prior to marriage or you anticipate complications in the event of a divorce and want to address those issues before you marry, then I can help you in drafting a proper prenuptial agreement to identify those issues and decide in advance how those issues will be resolved in the event of a divorce. Prenuptial agreements are recognized and upheld under Idaho law if properly drafted. I have experience in drafting enforceable prenuptial agreements, if needed.
- GuardianshipA guardianship is sometimes necessary for the benefit of a minor child or for the care and support of an incapacitated adult person. I can help you in filing the necessary pleadings where the guardianship is uncontested; and, I can help you in gathering and presenting the evidence that will enable the court to enter a guardianship where determined appropriate and necessary for a minor child or for the care and support of an incapacitated adult person.
- Misdemeanors
- Personal Injury
- Estate PlanningNot everyone needs a Will, nor does everyone need a trust. I can help you in determining what you need to manage your Estate on your death or that of your spouse and then in drafting only what is necessary to achieve the results you want. We do NOT offer tax advice. If you have complicated tax issues, then I can assist in drafting the estate planning documents recommended by your tax or financial advisors; or, I can assist by referring you to someone who can help you with those complicated issues.
- WillsPlanning for end of life needs is never easy for yourself or for loved ones. Let us help you handle the questions that may arise from a legal perspective for you or your family.
- Trusts
- Probate
- Tax Law