Pocatello Child Custody Lawyer | Idaho Divorce Law Firm

Pocatello Child Custody Attorney

Pocatello, Idaho is the largest city in Bannock County, as well as the county seat. It is also the 5th largest city in the state of Idaho, with a population of about 55,000. A small portion of Pocatello is on the Fort Hall Indian Reservation in neighboring Power County. Pocatello is named for Chief Pocatello, a Shoshone tribal chief. The Portneuf River—a tributary to the Snake River—runs through southeast Pocatello. Pocatello is sometimes known as the “Gateway to the North.” Pocatello has Portneuf Greenway trails that run along the river corridor, effectively linking riverfront parks, Old Town Pocatello, and Idaho State University. 

Fort Hall is a small outpost and trading post on the Oregon Trail, serving miners, trappers, and pioneers between 1834 and 1863. While the original fort was demolished many years ago, you can visit the Fort Hall Replica,which houses a Company Hall, Frontier Room, Factor’s Quarter, Blacksmith, Indian Room, and Carpenters Room. The Fort Hall Replica is a part of the complex that includes Ross Park Aquatic Complex, the Pocatello Zoo, and Ross Park. While the city is chock-full of things for families and couples to do, divorce still occurs, and child custody is still an issue in Pocatello. 

How Will Child Custody Be Determined in Pocatello and in the State of Idaho?

There are two components to child custody—physical custody and legal custody. Physical custody dictates which parent the child will primarily live with, and which will have visitation. Joint physical custody is also an option but can be difficult to sustain unless the parents get along well and live fairly close together. 

If one parent is granted physical custody, the other will probably have liberal visitation rights (barring any drug or alcohol abuse or domestic violence on the part of the parent with visitation). The parent with visitation rights usually pays child support as well, although this will depend on a number of factors. 

Legal custody dictates who decides the major issues in the child’s life, such as education, healthcare decisions, and religious choices. Usually, both parents will share legal custody and will make those decisions together, although, in situations where the parents are very hostile towards one another, and can barely be in the same city, legal custody might be granted to one parent. 

Both parents are required to submit a parenting plan which goes into great detail about picking up and dropping off, which parent has which holidays, the specific visitation schedule, what happens in the event of a disagreement, and much, much more. Generally speaking, the court will consider the following factors when determining Idaho child custody:

  • Whether the custody decision will promote stability in the child’s life
  • The current interactions between the child and parents, siblings, grandparents and others, and how custody will affect those interactions
  • The wishes of each parent
  • The parenting plans submitted by both parents
  • The child’s current situation regarding home, school, and community, and how custody will create adjustments in those situations
  • Whether either parent has the intent to move out of state
  • The wishes of the child in certain circumstances
  • The mental and physical health of all those involved

Can Your Child Decide Who He or She Wants to Live With?

In Pocatello and throughout the state of Idaho, there is no set age limit which determines when a child is able to decide which parent to live with. To the extent a child is sufficiently mature to express a reasoned preference as to which parent he or she would like to live with, the court will consider the child’s wishes. The judge will probably interview your child without either parent present, so this is an issue you might want to discuss with your Idaho child custody attorney.

What if Your Spouse is Attempting to Move Out of Pocatello or Idaho State Before Child Custody is Determined?

If your divorce has not yet been filed or is in the works and one parent attempts to move out of state with the child, it is imperative that the other parent consults a Pocatello child custody lawyer immediately to ensure the Idaho courts will maintain jurisdiction over the children. Since most states have a residency requirement prior to filing for divorce, the court may require the parent to stay in Idaho until the divorce is completed and child custody is decided.

Call Our Pocatello Child Custody Lawyers

Having a strong legal advocate in your corner when you begin a child custody case can significantly improve the outcome of the case. Child custody is often one of the most stressful aspects of a divorce, with both parents believing they should have custody of the child.

Having an experienced, highly-skilled, compassionate child custody lawyer, Joe Frick in your corner will ensure your rights and future are protected throughout the process. We serve primarily in the following cities:

We also serve clients throughout Pocatello, and surrounding Idaho suburbs such as:

Our child custody and family law firm is here to help you. Call our Meridian office today at 208-900 6440 or Boise number at 208-900-6313 for a free consultation.