Idaho Child Custody Attorney
At Idaho Divorce Law Firm, our child custody lawyers in Idaho are dedicated to working with spouses and ex-spouses that are fighting for custody arrangements. We understand fighting for child custody can be emotionally charged family law matters, especially during the midst of a divorce.
To help this process, the experienced child custody lawyers at our firm will help make sure your child’s best interest is kept a main focus and your right as a parent is protected. The child custody attorneys at our law firm have a combine more than two decades of experience.
How Can A Boise Child Custody Lawyer Help Me?
If you live in Boise ID you are eligible to file for divorce in the Ada County Magistrate Court, provided either you or your spouse has resided in the area for at least six weeks prior to filing. Consulting with your Boise child custody lawyer prior to deciding how to file will ensure that you understand the options available to you when you decide to file for divorce and make the right choice for your individual situation.
Ada County District Court
Family Court services at the Ada County District Court may be useful during your Boise divorce. The Court can offer assistance in creating a Parenting Plan, running child support calculations, and arranging supervised visitation if that is necessary. If during the course of your divorce you, your former spouse, either of your attorneys, or a judge feels that a Parenting Time Evaluation is necessary to make decisions about child custody, the process will be done through the court.
Child Custody and Child Support in Boise, Idaho
Deciding where your children will live, how you will make major decisions about their health and education with your former spouse and figuring out how to allocate financial responsibility are likely to comprise a large part of your divorce case.
What is a Child Custody Trial?
When spouses with children decide they want to divorce, most of the time, both parents want to be the one who has custody of the child. When this decision is contested by the other spouse, and they cannot come to an agreement, the decision may be made by a family law court.
If the decision is made by a Judge, the decision is out of both parents’ hands, and often this means that one or both spouses are unhappy with the decision. The best way to avoid this is to attempt to come to an agreement together without court intervention. This is where a child custody lawyer can be worth their weight in gold.
Starting The Process
The Judge will make some temporary decisions regarding the custody of the children during the divorce proceedings or until the custody arrangements have been finalized and may develop some temporary visitation schedules.
In Idaho, the general legal presumption is that parents should both have access to their children when they both wish to have access. The only time this is not the case is if one parent may pose a danger to the child, such as if a parent has a history of domestic violence or a history with alcohol and/or drugs.
Shared custody can take a huge variety of different shapes and forms, and it is always best to obtain representation to assist you, as when orders are finalized, they are difficult to change. This makes it essential to fight as hard as possible for a child custody arrangement that works for both you and your children.
Types of Child Custody Arrangements
The Two main legal forms of custody are:
Legal custody can be awarded to either a single parent, which is called sole legal custody, or to both parents, which is called joint legal custody.
Just like physical custody, joint legal custody is the preferred form of legal custody, and sole custody will only be awarded if there is evidence to suggest one parent should not have the right to make those decisions.
What Factors Does Family Court Take Into Consideration When Determining The Custody Agreement?
The court will always make its decisions based on what is in the best interests of the children involved. This means they will attempt to make decisions that have as little impact and disruption on the child’s life as possible. Divorce lawyers in Boise will be able to guide you on what factors will have the biggest impact on your case to ensure you are the majority custodial parent if that is what you are requesting in Boise ID.
There are a huge number of considerations that they may take into account:
- The child’s wishes (depending on their age).
- How well each parent gets on with the child.
- What each parent’s wishes are.
- The mental and physical well-being of all parties.
- Which parent can meet the needs of the child best.
- How involved each parent has been in the child’s life, such as making doctor’s appointments and attending school meetings.
- The child’s relationship with his or her siblings, grandparents, other family members, and other significant people.
- Whether each parent has a history of abuse or potential for future abuse.
- Past criminal records of either parent.
- Each party’s parenting ability.
Can You Change a Final Custody Order?
The above list is not exclusive, so if there are other relevant factors, you can bring them up during the child custody matters. Your legal counsel should assess the situation and determine what factors are most important during your family law case.
Best Interests Of The Minor Children in Boise ID
Boise family law is not as simple as it sounds. After you have retained divorce lawyers in Boise ID, they should be able to provide legal assistance and see if other factors may need to be addressed. Custody matters can get rather complex rather fast. Parents’ legal needs often change in the middle of custody disputes as well.
For instance, during custody cases, one parent may now wish to move out of the county or state. In this instance, an attorney in Boise would be able to tell you if you should borrow some legal process from other states. For example, attorneys that practice law in Montana have a lot more factors to choose from when looking at the best interests of the minor children.
Custody orders, like other court orders, are legally binding. This means that the decisions need to be followed to the letter. However, under the right conditions and circumstances, you may be able to seek a modification of an order. Idaho courts will allow a modification if the order once worked but no longer makes sense.
Seeking a modification of an order is not easy, and we highly recommend pursuing the change with skilled representation behind you. You will either need the agreement of both you and your spouse to have the order changed, or you will need to document a substantial change in your circumstances.
You will need to file a “Motion to Modify Custody Order”. The courts will then set a date for a hearing. In this meeting, the parent that filed the motion will need to prove there have been serious, substantial changes in your circumstances and that the order needs to be in the best interest of the children.
Your child custody lawyer will help you document and evidence the reasons why you think the change is necessary. If you are unsure if your change in circumstances is reason enough to seek a modification, you should get in touch with our team immediately. We can arrange a case evaluation and will be able to answer your questions and evaluate your situation.
Child Support in Boise
When you are a married couple, you are expected to share the responsibilities with your child. You should ensure their financial and emotional needs are met between the two of you. This can take many forms, but for many parents, it involves one spouse quitting their job or career in order to become the primary career for the child and home.
Child support helps cover costs like housing, clothing, and feeding the child.
Child Custody Lawyer for Fathers' Rights in Boise
What is the Divorce Process in Boise?
If you and your former spouse are able to agree on custody, support, and asset division, you can move forward with an uncontested divorce in Boise. You may choose to utilize the Ada County District Court’s mediation services and retain a Boise child custody attorney to review the mediated agreement to ensure it is proper and in the best interests of you and your children, if applicable. Or, your Boise divorce lawyer may be able to negotiate a reasonable settlement of all of the issues with your spouse’s attorney. This is the most cost-effective way to proceed during divorce.
If there are major issues in your Boise divorce like domestic violence or substance abuse on the part of one spouse, or if you and your spouse simply cannot resolve major disagreements, you may have to proceed with a contested divorce. Your Boise child custody attorney will file motions with the court and your spouse’s attorney will do the same, and while you wait for a final hearing or “trial” you may have to appear in court so a judge can make temporary decisions related to custody of your children, child support, or spousal support. Our Boise divorce law firm is experienced both in mediated divorce and in appearing in court on behalf of divorcing clients.
How Are Marital Assets Divided in Boise?
Idaho is a community property state. In a Boise divorce, assets acquired during the marriage are presumed to belong equally to each spouse and will be divided 50-50 when a couple decides to divorce. This does not mean that every bank account will be split down the middle, or that the marital home must be sold so the profits can be divided evenly. What it does mean is that the value of the property awarded to each spouse must be essentially equal. How this is calculated can happen in a number of different ways.
Do I Have to Pay Alimony in Idaho? Can I Receive Alimony in Idaho?
Spousal maintenance, often called alimony, is not automatically awarded in a Boise divorce. An award of alimony will be determined on the basis of a number of factors, including the age and health of each spouse, the length of the marriage, the level of financial need of the recipient spouse in order to maintain their standard of living, and the ability of the payor spouse to pay based on their income and assets. If you share minor children with your former spouse, child support may be taken into account in a determination of alimony, and alimony may be a factor in calculating child support.
Contact a Child Custody Lawyer in Boise, Idaho Today
When it comes to making child custody decisions, you should always involve your child custody lawyer. They will be able to do everything they possibly can to protect your interests and, using their skills, experience, and resources, will be able to obtain a favorable outcome on your behalf.
We have helped numerous clients over the years. We prioritize mediation and negotiation, which keeps costs low and creates a calm space for discussion and agreement. Many couples are surprised by what they can achieve with a skilled mediator overseeing their meetings with their spouses.
We have won favorable outcomes for numerous clients over the years. We build a strong, secure attorney-client relationship, keeping you educated and informed throughout.
With the future lives of both you and your children at stake, the decision to employ a skilled child custody lawyer may be the most important one you ever make. Call us today for a consultation with a child custody lawyer in Idaho at (208) 295-0304.
We serve primarily in the following cities:
and surrounding cities in Idaho such as: