As a Boise Divorce Lawyer I have seen battles and struggles with grandparents' rights. Often in these situations one or both parents have left and the grandparents end up with the kids. There are many reasons for this including drug use, Child Protective Services placing the children with the grandparents or abandonment. What happens next leads to a cascade of emotions and a court battle which can leave grandparents at the short end of the stick.
Child custody in Idaho is determined by using the factors outlined in Idaho Code 32-717 While grandparents have not always had rights in regard to the child custody of their grandchildren, the Idaho Code now specifically provides for some grandparental rights. In Idaho Code 32-717(3) it states that when a grandchild actually lives with a grandparent and they are in a stable relationship with each other, the court may recognize the grandparent as having the same status as the parent in evaluating custody arrangements based upon the best interest of the child.
This does not mean, however, that the court must take this into consideration. The language specifically says, "may consider". As a Boise divorce lawyer, I have seen different judges do different things with this. I have seen judges award child custody to a parent and give grandparents visitation. Likewise, I have seen grandparents receive no visitation rights under these circumstances.
Grandparents' rights is a difficult and emotional area of the law. To learn more about child custody in Idaho, please visit www.lawboiseid.com or www.divorceboiseid.com
Need help with understanding why this baby isn't in a good foster care due to being the mother of the women who gave birth to a baby while slamming drugs and dad went to prison way before that but the mom of baby's mom got to be foster mom of baby I think she is just as nuts when dad's mom is hard worker and a great women but they never gave her the chance to show them h&W they just handed him to her mom cause she has already adopted one son who she has convinced Dr that there is so much wrong with him and now she is doing it to this one for disability money I've known th and I know how she is but I also know dad and his mom now mom is in jail for 2 felonies and her mom is bragging about being able to adopt him how can I help I don't know what to do to help dad's mom
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