If you get a divorce in Ada County and you have children and are unable to agree on the custody arrangement, the judge will order you to mediation. In general, the cost of mediation is split between the parties. Each party's divorce lawyer can make a suggestion as to the mediator but if the sides don't agree the judge will decide.
The parties will go to a prescribed number of mediation sessions. They are designed to help the parties negotiate the terms of the child custody arrangement. Judges in Ada County prefer that the parties agree to the terms of the child custody arrangement because when the parties agree there is less likelihood of needing to file for modification.
The mediation sessions are not binding but can be made part of the final custody order if the parties come to an agreement as to the custody arrangement.
Thursday, November 11, 2010
Tuesday, November 9, 2010
Child Custody in Idaho and Grandparents' Rights
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
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
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