Thursday, February 24, 2011

Boise Family Law Lawyers and Custody Issues

As a Boise Family Law Lawyer I often deal with custody issues.  Two major custody issues that I deal a lot with as a Custody Attorney in Idaho are parental fitness (and I am not talking being in shape!) and visitation.  There are a whole range of issues that revolve around these two issues but today I will discuss only limited considerations of both.

What makes a parent fit to be a custodial parent and how flexible should visitation be?  The difficulty with custodial fitness revolves around what should actually be considered in determining whether a parent is fit or not.  Boise Family Law Lawyers can tell you that there is no specific answer to this.  This has a lot to do with subjectivity.  Everyone is different.  Everyone has different acceptable standards of what is ok and what is not.  That is not to say that all things are ok.  Obviously, abuse, neglect and violence are never ok, but as a Boise Custody Attorney I have actually heard people claim that one party is not fit to be a parent because they fed their child salami for dinner!  This is why judges use a variety of considerations in determining parental fitness.  It is more often the case also that it is not a matter of which party is fit and which party isn't, but rather what parent does it make more sense for the child to live with and which parent does it make sense for the child to have visitation with.

Because the situation is often more about what makes sense for the child the question is what type of visitation is appropriate.  Again, this is a subjective issue.  For some parties every other weekend works great.  For others, a couple times a week works best.  Still for others, one week on one week off is what makes sense.  Family Law Lawyers in Boise will tell you that these flexible visitation schedules can be arranged but it is through mediation that the parties are able to work out what works best for them.  Boise Custody Attorneys will tell you that if the judge makes the decision, the schedules may not be anywhere near as flexible nor will they reflect what a sensible arrangement is for you and your child.

If you are seeking a divorce or have custody issues and need to speak to a Family Law Lawyer in Boise, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.

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