With the ongoing war in Iraq and the United State's presence in Afghanistan more and more Idaho soldiers are being deployed, often more than once. What does this do to those who have had a divorce and have a custody and visitation schedule in place? As a Boise Divorce Lawyer, I often hear from my clients when they are given notice of deployment, that they are afraid that their custody and visitation arrangements may be disrupted. Divorce lawyers know that this can be stressful for military personnel, but they also know that there are many protections in Idaho law and federal law for military personnel.
As a Divorce Attorney in Boise I often advise my clients to create a power of attorney to delegate their visitation while they are deployed. Idaho law allows for custody to be delegate through a power of attorney for three years. This is often the best option when their are step siblings with whom continued contact would be valuable, or grandparents with who the child has a good relationship. Custody attorneys use this as a way not to disrupt custody and visitation.
Another option I use as a Custody lawyer is a mutual agreement between the parties that the visitation of the military personnel will be temporarily suspended, without prejudice, while the soldier is deployed. Divorce lawyers often see this as the best choice when there aren't step-siblings or grandparents around with whom continued contact would be beneficial.
A word of caution, however. Military personnel are protected by Idaho law allowing them to delegate their custody and visitation rights, but as a Boise Divorce Lawyer, I can tell you that doesn't mean that other parent won't hire a custody attorney and motion for a modification or won't try to show how that power of attorney is not in the best interest of the child. In this situation, divorce lawyers can put forward the opposition of the best interest of the child and then it is for an Idaho Court to decide.
If you need to speak with a Boise Divorce Lawyer or a Custody Attorney in Boise, please call (208) 472-2384 or visit www.lawboiseid.com for more information
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