Child custody is usually a two-prong consideration. First, legal custody is considered. Legal custody encompasses the right to make major decisions for the child, including decisions regarding education, healthcare, and religion. Parents usually share legal custody, unless the parents are absolutely unable to get along with one another, or there is a good reason why one parent should not share legal custody. Physical custody refers to where the child lives. If one parent receives sole physical custody, this means the child will primarily live with that parent, with the other parent having visitation rights.
The primary consideration in child custody arrangements in Eagle, Idaho is the best interests of the child. All pertinent information will be considered by the courts, including the following:
In some instances, parents will have joint physical custody. This type of custody is 50/50, or as near as it can be to a true time split, but rarely works unless parents live fairly near to one another and get along well. Otherwise, the parent with visitation might pick the child up on Friday evening, returning him or her on Sunday evening. Parents will submit a parenting plan which details everything pertinent to the child—what time pickups and drop-offs are, how these will be accomplished, whether the child will communicate with the other parent during visitation—and how that communication will occur—which holidays will be spent with which parent, and all the other issues related to your child and your situation.
In some cases, a third party (aside from either parent) may try to gain custody of the child. A judge may, at his or her discretion, consider a grandparent to have the same standing as a parent when considering the best interests of the child. If a grandparent has been caring for the child for a considerable amount of time, he or she might be considered by the judge to have taken over the parental role. Grandparents are also allowed to ask for visitation in the state of Idaho.
Judges generally operate under the theory that regular contact with both parents is in the best interests of the child. There are exceptions to this; A parent may be found unfit due to serious substance abuse, or abuse or neglect of the child. The courts will consider the conduct of both parents during the marriage, and how the behavior of the parents impacted the child. Courts generally place stability for the child at a high premium and will definitely take a history of domestic violence into consideration, especially when committed in the presence of the child.
Eagle, Idaho is a city in Ada County with a population of approximately 20,000. Warm to hot, dry summers and cold, dry winters characterize the region, and Eagle, Idaho is often described as a “hidden gem,” just minutes from downtown Boise, but with a small-town atmosphere. In the early 1950s, Eagle was a small farm down. Today, the city boasts established areas with walking paths, open spaces, and community parks. Although Eagle is only a few miles from downtown Boise, the small city offers most conveniences, including a host of dining experiences from Rembrandts to Bardenay.
Eagle has been considered a small suburb of bustling Boise for decades, however, it is beginning to grow quickly on its own as more people discover the beauty and quiet of Eagle. Crime rates in Eagle are low, schools are solid, and new custom homes are being built constantly to house the increasing population. Eagle is a tight-knit community with a home-town feel, friendly to families of all sizes. That being said, couples in Eagle still get divorced, and child custody issues exist here just as with any other area.
Child custody is often the most stressful and the most contentious part of a divorce. Parents may be locked in an emotional battle with their ex which can become contentious, and can make it difficult, sometimes, for the parents to focus on the best interests of their child. Having an experienced Eagle child custody attorney in your corner who will consistently look out for your child’s best interests, as well as yours, is the best way to ensure a good outcome. Having a strong legal presence during a child custody dispute is an invaluable resource for you during these difficult times.
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