Family law issues that involve children often initiate a lot of emotion, especially if one party is concerned about their child’s welfare. There are many reasons why a parent in Boise could be considered unfit, such as a history of abuse, substance misuse, or criminal history.

If you are concerned about the well-being of a child with their parent, then it is important to seek the help of a dedicated child custody attorney. Whether you are a concerned parent or grandparent, we can help you evidence your claims and seek a custody arrangement that prioritizes the child’s best interest.

Alternatively, if you are falsely accused of being an unfit parent, then we can help protect your right to custody. For example, if you had a substance abuse problem in the past but have since turned your life around, we can help you evidence your case to a Judge so that you and your child can benefit from a parent-child relationship.

At The Idaho Divorce Law Firm, our attorneys are committed to families in Idaho. One of our attorneys will be dedicated to your case and will strive to ensure that you and your children achieve the best possible outcome.

Arrange a consultation with an experienced child custody attorney at 208-314-3302.

Child Custody Arrangements in Boise, ID

In most child custody cases, some form of joint physical custody agreement will be put in place. Idaho child custody laws state that decisions must be made based on the child’s best interests, and it is usually in the child’s best interests for both parents to remain in their life. The only reason why this would not happen is if one parent is deemed to be unfit.

In Idaho, custody decisions are divided between physical custody and legal custody.

Physical Custody

Physical custody refers to the amount of parenting time each parent is granted and where the child’s primary residence is. Physical custody could be shared equally, or one parent could become the primary caregiver while the other is granted visitation rights.

Having a primary caregiver can help to foster more stability for the child and may fit in better with their school and social life.

If there is concern about an unfit parent, then it is also possible for sole physical custody to be granted to one parent. However, it is also possible for the court to order supervised visitation, and the primary caregiver will need to help facilitate visits.

Legal Custody

Legal custody refers to the parent’s right to make decisions on behalf of their child. Important decisions, such as where the child goes to school or what medical care they receive, must be made by the parent with legal custody. It is also possible for joint legal custody to be granted and for parents to be required to make decisions together.

Legal custody is separate from physical custody, and it is possible for parents to share one and not the other or to share both.

Fighting For Sole Physical and Legal Custody

If you believe that it is in your child’s best interest for you to have sole custody, then you should speak to an attorney as soon as possible. At Idaho Divorce Law Firm, we will help you prove your claims to a Judge and fight for an outcome that protects your children.

How A Judge Makes Child Custody Decisions

A family law Judge is required to make decisions based on the best interests of the child. They will take many factors into consideration to determine what that is, such as:

• The ability of each parent to meet their child’s current and future needs.
• Whether there is a risk to the child’s well-being from either parent.
• Any evidence of child abuse.
• Whether the parent sets age-appropriate restrictions for activities, bedtimes, television, etc.
• The degree to which each parent has been involved in their child’s life in the past.
• Whether either parent has a criminal history.
• How well a parent handles conflict with the child.
• Domestic violence, whether or not in the presence of the child.
• Maintaining stability in the child’s life, such as their proximity to other family members, school, and community.
• The child’s wishes may also be considered.

What is Considered an Unfit Parent in Boise, ID?

An unfit parent is a parent whose conduct fails to provide proper support and care. If there has been a history of abuse, substance misuse, or neglect, then a parent could be deemed to be unfit.

A History Of Dometic Violence Or Sexual Abuse

If one parent has historically been violent or sexually abusive, then it is likely that they will be deemed unfit. If you are dealing with a child custody case with a former spouse who was abusive, then you will need to provide evidence of your claims to a Judge. Evidence could include medical records, criminal history, text messages, or witness statements.

It is important to have the help of an attorney who can help you gather evidence and present your case to a Judge. If you are in danger, your attorney can also file a protection order to keep your former spouse away from you and your children while your case is still ongoing.

Neglectful Behavior

If one parent has been neglectful of their child, they could be deemed unfit. However, neglect is a broad term that can be difficult to prove.

Some examples of neglect that could result in a sole custody agreement include child abandonment, being responsible for an injury of a child, putting a child in a dangerous environment, or failing to meet a child’s basic needs, such as hygiene, food, or shelter.

Criminal History

If a parent has a criminal history, then this could be used as evidence when judging if they are a fit parent. However, it will not necessarily result in a sole custody arrangement.

The nature of their crimes will be considered, a non-violent misdemeanor is unlikely to be sufficient to take away someone’s parental rights. However, crimes of a sexual nature or violent crimes are likely to impact the Judge’s decisions.

Substance Abuse

If a parent has a history of abusing alcohol or drugs, they may be considered unfit. Evidence could include witnesses, medical records, photos, and more. Or if a child is born addicted to a controlled substance because of a mother’s substance abuse during pregnancy, then this is usually grounds for the mother to be deemed an unfit parent.

If you have had substance abuse problems but are now sober, you may be able to convince the Judge that you have turned your life around. An attorney can help you evidence your changes to a Judge and work to protect your parental rights.

Alternatively, if you are aware that your child’s other parent is still abusing substances and believe that you should have sole custody, then your attorney can help you achieve an outcome that protects your children.

What Evidence Can I Use to Show That a Parent is Unfit?

If you believe that a parent should not have rights and responsibilities toward their children, then it is important to seek the help of an experienced attorney. It is likely that the decision will need to be made in court, and your attorney will help you present a strong case to the Judge.

Joe Frick, our founding attorney, has achieved Top 40 under 40 from The National Trial Lawyers. He is an experienced trial attorney who can help you navigate even the most complex and high-conflict situations.

Evidence that could benefit your case could include the following:

• Official documents such as medical records, criminal records, and police reports
• Expert witnesses such as medical professionals or child psychologists
• Social media posts, text messages, photos, and videos, or voicemail recordings
• Eyewitness testimonies from relatives, friends, neighbors, or school staff

What Will Not Be Enough To Take Away Parental Rights?

Just because someone has been a bad spouse, it does not necessarily mean that they are a bad parent. The court favors joint custody arrangements if it is in the best interests of the child.

For example, if a parent is unemployed, has mental health problems that they manage, or has a history of non-violent misdemeanors, then this is likely to be insufficient to take away their parental rights.

What is Considered an Unfit Parent in Boise ID FAQ