Tuesday, March 29, 2011

Boise Divorce Lawyers - Boise Family Law Attorneys - Boise Custody Lawyer Attorney - Is There a Gender Preference in Custody

Boise Divorce Lawyers, Boise Family Law Attorneys, Custody Lawyer Attorney, (208) 472-2383 or visit www.divorceboiseid.com, divorce, custody, support, modification, visitation, adoption, termination, domestic violence and all family law issues in Idaho.

Boise Divorce Lawyers are regularly asked if there is a gender preference for custody in Idaho.  As a Boise Divorce Attorney who has practiced Family Law in Idaho for nearly 18 years, I have seen the law change over time.  It used to be that there was a strong preference for the mother to be the custodial parent.  There was something known as the tender years doctrine that put forward that children do better in the custody of their mothers because women are more tender and sensitive.

As divorce and custody law has changed so has the automatic presumption that the mother makes the best custodial parent.  More and more Boise Divorce Lawyers and Custody Attorneys see fathers getting custody or at least a larger share of visitation.

While the tender years doctrine has been done away with, the basis for determining custody has shifted to looking at the evidence and weighing the best interest of the child based upon criteria outlined by the Idaho Code.  Stability and continuity are huge factors in the best interest of a child.  Often, men won't even attempt to pursue custody because they think that there is a gender preference for custody and that that preference is for women.

As a Boise Divorce Lawyer I believe that if a man feels that it is in the best interest of his children to seek primary physical custody and he has the facts and the criteria that show that the children best interest would be to be placed in his custody, then he should seek that custody.  If, however, the desire is retaliatory or spiteful and not in the best interest of the child, then he should consider that in his desire.

Maintaining the status quo is also a major consideration for custody disputes.  Boise Divorce Lawyers often get requests from clients to mix up that status quo.  Generally the status quo will be maintained throughout the divorce proceedings and until Boise Divorce Attorneys provide evidence and testimony to show that the child's best interest is served otherwise.

If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Lawyer, please call (208)472-2383 or visit www.divorceboiseid.com/Divorce or www.lawboiseid.com/Boise-divorce-attorney.  Here you will find helpful information about divorce and custody in Idaho.  You can fill out the quick contact form and one of our Boise Divorce Lawyers will get right back to you.

2 comments:

  1. The Frodis Barristers team offers the experience, credentials and success record of some of Toronto's most skilled family lawyers, combined with the personal approach of a small boutique firm. We advocate on behalf of our clients in family courts in Toronto, Newmarket, Brampton, Milton and Oshawa —and we pride ourselves on our reputation as personal, effective, and highly competent and successful in the courtroom.

    Jessica J. Cooper
    1384 Ford Street
    Oakland, CA 94607
    martinaaaamarketingg1984@gmail.com
    408-449-8887

    ReplyDelete