As a Boise Divorce Lawyer I often talk to people about child custody modification. A confusing issue for people can be where and when modification can take place when you are new to Idaho.
Jurisdiction is what controls where and when you can file a complaint in a court. If you have moved to Idaho and have lived here for 6 weeks, for example, you can file for divorce, even if your spouse does not live in Idaho. Child custody can also be decided by a divorce court once jurisdiction has been established.
As a Boise Divorce Lawyer, I see cases, however, where the child custody issues can be addressed by an Idaho Court when jurisdiction has not been established. In cases where a child is present in Idaho and there is an existing order from another state, an Idaho Court can hear issues such as failure to comply with an established order. An example of this would be if you have a child custody order from another state and your ex is moving and is present in Idaho. You come to Idaho to get your kids for visitation and your ex won't give them to you. You can go before an Idaho Court and even though the state does not have jurisdiction, you can have an Idaho Court enforce the order under the Uniform Child Protection Act.
As a Boise Divorce Lawyer, people often ask me if they can use that Act to modify their custody arrangements. The answer is no. If you are simply seeking to modify your custody order, you have to fulfill the ordinary jurisdictional requirements.
To speak with a Boise Divorce Lawyer or to find out more about divorce and child custody in Idaho please call (208) 472-2384 or visit www.divorceboiseid.com
No comments:
Post a Comment