How Is Child Custody Determined In Boise?

The outcome of child custody proceedings is always a parent’s greatest concern when going through a divorce. In an ideal situation, parents would propose a custody arrangement they both agree upon, and a Judge would approve it. However, this is rarely the case. Parents often want to spend as much time as possible with their children and as tensions run high in a divorce, it is easy to lose sight of the child’s best interests.

A number of factors can influence the court’s decision on child custody, such as the child’s relationship with each parent, the mental and physical health of both parents, siblings and other close family members, and any history of domestic violence. If parents can’t agree on custody and enter into a custody battle, both sides can attempt to discredit the other parent to secure a custody arrangement in their favor.

It is hard to predict when custody proceedings might turn nasty, and securing experienced legal representation at the beginning of your case will give you the best chance of defending yourself and securing an outcome in the best interests of your child and family.

The Idaho Divorce Law Firm attorneys are experienced and highly skilled in child custody matters in Boise, Idaho. We understand the impact child custody proceedings will have on a family and are aggressive advocates for our clients and their children. We will fight both inside and outside the courtroom to secure a successful outcome.

Book a consultation to discuss the best strategy for your case to ensure a successful outcome for your child or children. Contact The Idaho Divorce Law Firm team today at 208-314-3302.

Child Custody Laws In Boise, Idaho

In Idaho family law court, a Judge will decide upon a custody arrangement that they believe is in the child’s best interests. Once the Judge has finalized the arrangement, it is outlined in a formal custody order.

Where possible, Idaho courts will favor awarding joint custody to both parents after a divorce. Usually, this will apply to both physical custody and legal custody. If a Judge deviates from this arrangement because they believe that joint custody is not in the child’s best interests, significant justification for this decision will be required.

If the Judge is provided with enough evidence to believe that joint custody is not the best option for the child, sole legal custody and sole physical custody may be awarded to one parent. This would mean that one parent has the right to make decisions for the child, and the child mostly resides with one parent, but the other may have visitation rights.

Physical Custody

Physical custody is the legal term for the physical care and supervision of a child. Physical custody gives a parent the legal right and responsibility to take care of their minor child on a day-to-day basis. This usually also refers to the right to have a child live with the parent. If a parent is awarded primary physical custody, the child will reside mostly with that parent, and the other parent will likely have visitation rights.

Legal Custody

Legal custody refers to a parent’s ability to make decisions for their child. If a parent has legal custody, they have the right to make decisions on their child’s education and schooling, medical care, and religion. Legal custody can be awarded separately from physical custody. For example, one parent may have sole physical custody, where the child primarily resides with them, but both parents share joint legal custody and the decision-making responsibilities for their child.

Visitation

Visitation refers to the time that a child spends with each parent. A visitation schedule should be agreed to by both parents and included in a proposed parenting plan as part of the custody proceedings. Although parents might share joint physical custody, this does not always mean that a child’s time is split 50/50 between both parents, as this can be counterproductive for their daily schedule and schooling. A visitation plan will outline the physical time that a child spends with each parent and should support their best interests.

Factors That Influence Custody Decisions

In Idaho, a parent must provide the Judge with a ‘preponderance of the evidence’ to secure a custody arrangement that deviates from joint custody. This means the argument that a different arrangement is in the child’s best interests must be comprehensive, compelling, and well-evidenced to sway a Judge’s decision.

Many arguments for sole custody are based upon the notion that one parent poses a risk to a child, perhaps through violence, irresponsible behavior, or neglect.

Common factors that may influence a custody outcome in Idaho include the following:

• If one parent has a history of domestic violence
• The child’s wishes on where they want to reside
• Both parents’ wishes
• The mental and physical health of both parents
• The importance of continuity and stability in the child’s life
• The character of all parties involved (including a criminal record)
• The circumstances of all parties, such as if one parent works away for a substantial period of time
• The child’s relationship and interactions with their parents and siblings
• The child’s adjustment to their home, school, and community

The Child Custody Process in Boise, Idaho

Ultimately, the court will make the final decision on child custody determinations in Idaho. If parents can agree on custody, they can propose an arrangement to the court, which will review the proposal to determine if it is in the best interests of the child.

Negotiation

Negotiation between parents is an essential step in deciding upon child custody. If both parents can find an agreeable arrangement and propose this to the court, this negates the need for a formal custody hearing. Negotiation is one of the most influential parts of the custody process, and it should not be taken lightly. For example, if one parent has legal representation and the other does not, this could leave the other parent vulnerable to aggressive negotiations and they may accept an arrangement that does not work for them.

An experienced and persuasive child custody attorney with expert negotiation skills will give you the best chance of securing a favorable outcome and avoiding the stressful, costly, and lengthy process of a formal custody hearing.

Child Custody Hearing

If both parents are unable to come to an agreement on a child custody arrangement, a formal court hearing will be held. During the hearing, both parties will present testimony and supporting evidence in favor of their proposed custody arrangement. A Judge will review the arguments and make a final decision based on what they believe to be in the child’s best interests.

Do I Need A Child Custody Attorney?

The Idaho child custody process can be challenging for anyone to navigate alone. The complex procedures and processes, on top of the pressure associated with the outcome of custody proceedings, can be overwhelming. Any error in the formal procedures could give the court the impression that you are not taking the case seriously and could work against you. Additionally, without an attorney, you are vulnerable to both aggressive negotiations and allegations that may come from the other parent to discredit you and sway the proceedings in their favor.

Similarly, a custody battle is usually unpleasant and stressful for all parties involved. Reputable legal representation increases the likelihood of a smooth and efficient process without unnecessary delays that will elongate the stress for the entire family.

Furthermore, an objective attorney can also help provide an un-emotional perspective on the case at a time when emotions and tension are likely to be running high. This perspective can help you ensure that the process is keeping the child’s best interests at its core and is not swayed by friction between parents.

Can You Change A Child Custody Order In Idaho?

Once a child custody order has been finalized by the court, you will need to go back to court to amend it. You can file a petition for modification to change the arrangements laid out in the order, but this process can be challenging.

If you file a petition shortly after the initial custody order was issued, the Judge may decline a modification unless it is due to a clerical error. The court prioritizes stability and continuity for children and will not look kindly on regular attempts to modify custody. Exceptions can be made for military members where deployment will impact custody.

Typically, you will need to prove a substantial and material change in either parent’s circumstances and that a modification is in the child’s best interests for a successful petition. A modification may be more likely to be approved by a Judge if both parents agree to the proposed change.

How Does Child Custody Influence Child Support?

Similar to child custody, child support arrangements can be decided between parents outside of the courtroom, or they can be decided in family law court. Typically, the non-custodial parent will pay child support to the other parent with primary custody. In Idaho, child support payments are calculated through an income share model.

To calculate child support payments, the state estimates the total amount it will cost to raise a child and meet their needs, known as the total child support obligation. Then, both parents’ income is combined to make their gross combined income. The percentage that each parent contributes to the combined income equates to the amount of the total child support obligation they will pay. For example, if one parent’s income constitutes 70% of the combined income, they will also pay 70% of the total child support obligation.

The custody arrangement and time a child spends with each parent will influence the final child support payment calculation. For example, in cases of shared custody, the percentage of child support paid by the paying parent is reduced in relation to the amount of time they have physical custody of the child. Similarly, if a parent spends less time with their child, they may pay more of the total obligation.

The total child support obligation could include additional costs, such as medical fees, tuition, school activities, and sports clubs, and will increase with more than one child.

The Idaho Divorce Law Firm Child Custody Attorneys

The Idaho Divorce Law Firm’s expert family law attorneys will facilitate negotiations and work to find solutions between parents amicably, meanwhile protecting your rights and advocating for your child’s best interests. We pride ourselves on developing a strong attorney-client relationship in every case we work on, and we instill trust in our clients to know that their case is in safe hands.

We have successfully represented clients from Boise, Idaho, in over 200 family law cases, and we will use this experience to achieve the best possible outcome for you and your family in your case.

Schedule Your Consultation Today!

Contact The Idaho Divorce Law Firm Legal team today at 208-314-3302 to schedule a consultation and case evaluation with an experienced child custody attorney in Boise, Idaho.