Boise Custody Attorney - Divorce Lawyer (208) 472-2383 Visitation

Custody and Visitation
As a Boise Divorce Attorney I handle numerous cases each year dealing with custody and visitation.  The courts in Idaho have moved toward creating a stable and consistent method to effect the custody and visitation of minor children.  Many people who have gone through a divorce know that they may be required to take parenting classes, are required to go to mediation and to create a parenting plan which includes a visitation schedule.  All this is done before custody is established and the divorce is complete.

While many people don't like the process or the requirements of the process, it is effective in handling high conflict divorce and creates a schedule which takes into account each parties' concerns and desires.  Divorce Lawyers and judges say it all the time - the last person you want to decide who has custody of your children and what your visitation schedule to be is the judge.  This is because it is the parents, not the judge, who knows your family, who knows your schedule, who knows what works for you.  Without mediation you may very well spend much more money on your Boise Divorce Attorney than necessary.

Military Visitation and the Power of Attorney
Now, while this is all true and the law in Idaho has changed to really encompass the best interest of the child, there is one situation which on one hand seems to smack in the face of the idea of continuity for the child, but on the other assists active members of Idaho Armed Services.  If you are military personnel and on active duty, you can use a Power of Attorney to designate who will have your visitation if you are unable to exercise it as a result of being on active duty.  This, in and of itself, isn't a bad thing.  If a grandparent or other family member is given the privilege to have the visitation, this can create a strong and stable bond between the child and a close member of their family, in the absence of a parent. The dilemma comes in when the Power of Attorney is created and gives visitation to an unlikely person.  The Idaho Code does not give any direction as to who may be given the Power of Attorney.  If the power is given to a girlfriend or a boyfriend, rather than a family member it can create a great amount of strife.  Nevertheless, it remains within the discretion of the active member of the military as to whom they want to assign this right.

If you need to speak to a Boise Divorce Attorney, give us a call (208) 472-2383 and see what we can do for you.