Thursday, February 10, 2011

Boise Divorce Lawyer Talks About the Temporary Orders and Mediation

As a Boise Divorce Lawyer I often hear from people seeking a divorce who have custody issues.  One of the biggest questions I hear from people is "how can I get custody of my kids?"  Custody is emotionally a tough situation because you go from being a family to having two different families.  You go from being with your kids all the time to seeing them on an alternating basis.

Custody in Idaho is determined on the basis of the best interest of the child.  There are many factors which judges take into account to base a decision upon.  During a divorce and custody proceeding Boise judges like to put in place something known as temporary orders.  This provides for continuity and a schedule during the divorce.  To establish temporary orders judges in Boise often look at the status quo.  Who has traditionally been the primary care giver?  Who is the child living with during the separation?  What has been the existing visitation schedule?  It is often based upon this that they determine what the temporary arrangement will be.

As a Boise divorce lawyer I can tell you that judges much prefer when the parties to a divorce and custody proceeding can agree on what the custody arrangement will be.  Towards this end Boise judges will order parties to mediation.  Mediation is supposed to help the parties agree on what the custody arrangement will be.  While parties to the divorce often get frustrated by mediation, the reason Boise judges are so adamant about ordering it is based upon the principle that if the parties can agree there is less likelihood of the need for modification.  While parties often dislike mediation because it involves a compromise, it gives the parties to the divorce the power to decide instead of being told by the judge what will happen.

If you need to speak to a Boise Divorce Lawyer, please give us a call at (208) 472-2384.  For more information concerning divorce in Idaho please visit www.lawboiseid.com

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