Is Boise in a 50/50 Custody State?

Is Boise in a 50/50 Custody State

In Boise, Idaho, family law decisions must prioritize the best interests of the child. In most cases, that involves establishing a shared custody agreement where both parents spend significant time with their child. However, it doesn’t always equate to equal parenting time.

It is usually considered to be in the child’s best interests to keep both parents involved in their life unless one parent poses a risk to their wellbeing. However, the court will also try and foster as much stability as possible in the child’s life. Therefore, if one parent has historically carried out most parental duties, then the court may try to maintain that.

Child custody issues often bring up a lot of emotions, and it can be difficult to predict what direction they will take. The best thing you can do to protect your parental rights and to achieve an outcome that truly serves the best interests of your children is to seek the help of an experienced family law attorney.

The attorneys at Idaho Divorce Law Firm are highly skilled in custody matters in Idaho. Our founder, Joe Frick, is an esteemed attorney who has achieved many awards, including Best Divorce Lawyers in Boise, ID, from Expertise.com and Top 40 under 40 from The National Trial Lawyers. He also boasts the highest possible rating on AVVO.com of 10.0.

Book a consultation about your child custody case at 208-314-3302.

How Are Child Custody Cases Determined in Idaho?

Child custody cases are based on the child’s best interests, however, it is common for parents to disagree about what that means. It is important for both parents to have the help of experienced lawyers who can help them to reach a just outcome.

Some important considerations in child custody cases in Idaho include:

The child’s preference may be considered. However, decisions will ultimately be made based on their best interest and not their preference.
The ability of each parent to meet their child’s needs both now and in the future.
Whether one parent has historically taken on the majority of parental responsibilities.
Whether either parent poses a risk to their child’s wellbeing, evidence could include a history of domestic violence or a criminal record.
The mental and physical health of both parents.
The child’s access to family and friends who may have been heavily involved in the child’s life in the past.
Fostering continuity and stability in the child’s life, such as maintaining school, community, and home life.

Child Custody Law in Boise, Idaho

Parents are expected to try and agree on a parenting plan, with the help of their attorneys, which a Judge then approves. If parents cannot reach an agreement, then the Judge will make a ruling after a court hearing.

Child custody laws in Idaho are based on the child’s best interests. Where possible, this means some form of joint custody arrangement. In Idaho, there are two types of custody, physical custody and legal custody.

Physical Custody

Physical custody refers to the physical care and supervision of the child. Joint physical custody means that both parents spend time as the child’s primary caregiver.

There could be a 50-50 split of physical custody, depending on your family situation, a 50-50 split may not be practical for the child’s daily schedule and schooling. Therefore, it is common for one parent to become the custodial parent, with whom the child lives most of the time. Under this arrangement, the noncustodial parent will be granted visitation rights.

Legal Custody

Legal custody refers to a parent’s right to make decisions on behalf of their child. When a parent has legal custody, they have the right to make important decisions such as where their child goes to school or whether they attend church.

Legal custody is awarded separately from physical custody. Parents could share physical custody, while sole legal custody is given to one parent. Alternatively, joint legal custody could be awarded, and parents will need to cooperate to make important decisions on behalf of their children.

Sole Custody

Sole physical custody is only awarded in situations where one parent poses a risk to their child’s wellbeing. For example, perhaps one parent has a history of substance misuse or has been abusive to their child.

If this is the case then it is possible for the other parent to fight for sole custody. However, it isn’t easily achieved and clear evidence will need to be presented to a Judge. If you believe that you should have sole custody, you should contact Idaho Divorce Law Firm as soon as possible so that we can help you achieve an outcome that protects your children.

The Child Custody Process in Boise, Idaho

The court will ultimately have the final say in your custody agreement. However, parents may come to an agreement which the court will then approve if it is in line with Idaho family law, or if parents cannot agree, then they will make a ruling on their behalf.

Negotiation

Your attorney from Idaho Divorce Law Firm will help you and your former spouse negotiate a child custody agreement if possible. It is important for both parents to have their own attorney so that everyone’s needs are considered.

You may feel that you cannot possibly come to an amicable agreement with your former spouse, but many of our clients are surprised by what they can achieve with our help. We could help you negotiate an agreement with minimal court involvement by utilizing low-conflict resolution methods.

There are many benefits to negotiation, including:

It saves money on court proceedings.
If your case goes to court then you will need to wait for the court to be available to hear your case. Negotiation can help to keep things moving along more quickly.
It protects children from conflict.
Negotiation allows you and your former spouse to create a personalized agreement that fits in with your schedule.
When you have the help of an experienced attorney, your negotiated agreement is likely to be approved by a Judge.
The Judge will likely expect you to at least try to come to your own agreement unless there is a reason why negotiation is not possible, such as in cases that have involved abuse.

Child Custody Hearing

If an agreement cannot be reached, then there will be a formal court hearing. Your attorney from Idaho Divorce Law Firm will be prepared to advocate on your behalf in court if your case takes this direction. We will present your case so that the Judge can review the arguments and make a final decision based on the child’s best interests.

Child Custody and Child Support

In most cases, the non-custodial parent will pay child support to the custodial parent. Both parents are required to contribute financially to their child’s upbringing, and child support is designed to ensure that a child’s financial needs are met.

Support payments are calculated through an income share model. Parents can use these calculations to come to their own child support agreement, or the court may order payments.