[Idaho23]

Ok, so, my fiancées ex husband is in prison in Idaho and is sentenced to 2yrs fixed 8yrs unfixed. He is apparently eligible for parole after two years and if he completes some program in prison. His charge says "felony injury to a child", and was plead down from lewd conduct with a minor under the age of 16... He was on probation with a with held judgement. He violated his probation, has a serious gambling problem (which is one thing the judge ordered him to get help with), and had his withheld judgement taken away and was resentenced. His original sentence was 120 days if jail with 60 days suspended. My question is two part, what can my fiancé do to gain full legal custody of their child they had together? And, he keeps telling his family that he may get out in 4-5 months. Is this possible? I thought 2+8 meant you were gone, in prison, for at least 2 full years...

[AK lawyer]

You are going to have to ask an Idaho attorney who knows something about the sentencing laws there, as to whether your fiancé's ex hopes about his possibility of release have any substance. Inmates sometimes loose touch with reality about these things. But if he originally got 120 days with 60 suspended, it seems strange that he was re-sentenced to 2-8 years. Normally, for violation of probation the worst it could get for him would be that he would have to also serve the suspended part of the sentence (60 days). So I don't understand how a total original sentence of (120 + 60 =) 180 days (or six months) somehow morphed into two (fixed, or eight unfixed) years.

As far as your fiancée getting "full legal custody" is concerned, is there some sort of shared custody (with the father not having the capability to enjoy that custody because he is in prison) now? I believe what you want is termination of parental rights, which is normally the first step for an adoption by the other parent's (your fiancé in this case) spouse. So you would see an attorney about TPR, and when the two of you have married, you would try to adopt the child.

[Fr_Chuck]

1. On the custody, what is the current custody, was it his child he was "lewd" with, or what is the actual issues o the crime, If there was a real child in harms way, it may be easier.

Also what level of custody does the father have now?

But the mother, files in family court, for a change in custody, ( if one is needed) for full custody. The father can ask for visitation. If the harm to the child, was his own child, it may be possible to even get his rights taken away, but you will need an attorney for that.

2 for the crime, I will assume the 2 years to serve was a new sentence, and had nothing to do with the probaton you metioned.
He could not go from 6 months to several years, for a violation of probation. So I will assume a new trial, and a new sentence.

But on the sentence, on the fixed, he will have to serve that full amount,

Idaho's Unified Sentencing Scheme - Fixed and Indeterminate Time : Idaho Criminal Defense Blog

[AK lawyer]

Thanks for the link, Fr_Chuck. In other words, by "fixed time", Idaho simply means no parole during that period.