Friday, April 1, 2011

Boise Divorce Attorney Lawyers - Boise Family Law Lawyers Attorney - Custody Attorneys Idaho

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

As a Boise Divorce Lawyer I often hear from male clients that they feel that they don't have a shot in the dark at getting custody of their kids.  However, Boise Divorce Attorneys know that, in general, gender is not used to determine custody.

As a Boise Divorce Attorney I have seen the law change over time.  It used to be that in Idaho there was something known as the Tender Years Doctrine that stated a preference for young children to be placed in the custody of their mothers.  This was based upon the belief that mothers were more nurturing and gentle and therefore better custodians for the children.

This Doctrine no longer exists in Idaho.  Custody is determined by by the best interest of the child.  This is a whole range of factors that judges look at to determine where custody should be placed.  These included stability, continuity and character.

A good evaluator of who will get custody is who has traditionally been the primary care giver?  Who historically has been the party who has provided the day to day care of the child?  What are your motives for trying to get custody?  In a divorce situation, tempers and emotions run high.  Sometimes, pursuant to divorce, people, out of spite, want to hurt the other party and they often do that in the custody sphere.  However, it is always critical to look at custody in relation to the best interest of the child.

So, as a Boise Divorce Lawyer, I can tell you that there is not a gender preference for custody, but more women do get custody of their children pursuant to divorce primarily because they have been the historical primary care giver and have provided the day to day care for the child.  This, however, is not to say that a man should not try to seek custody if he has provided the day to day care, has been the primary care giver, is more stable and has a better character than his ex-spouse.  This is particularly true when the woman has been the primary care giver but has made some poor decisions during or prior to the divorce, such as drug use or criminal activity.

If you need to speak to a Boise Divorce Lawyer, please call (208) 472-2383

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