Boise Family Law Lawyers - Boise Divorce Attorneys - Modification

Modification 
As a Boise Divorce Attorney I often get calls from individuals about modification.  There are occasionally misunderstandings about what can be modified or if a modification can happen at all.  There are certain key things to keep in mind about modification.

Divorce
You cannot modify a divorce in Idaho.  This question generally comes up in the context of one party or the other disregarding or actively disobeying the divorce decree.  If this happens, the party who has been wronged generally contacts their divorce lawyers and asks for a modification.  A divorce decree is final.  The way to approach a person who is in violation of a divorce order is to have your divorce attorney file for contempt.  In general, an Idaho Court will hold a person in contempt if they have violated the order.  Sometimes, they will give the individual time to correct the error and sometimes they will overlook the contempt.  This generally happens when there is a provision such as that they sell the community home within 3 months.  Given the market today, that may be impossible.  If, however, they tried to comply by putting the house on the market, as opposed to failing to list the home, the judge may excuse the violation of the original divorce decree.  These issues can get sticky and there is often quite a bit of argument about whether they really tried to sell the house or that the house was in a terrible condition so no wonder it didn't sell.  The judge will consider these issues but if he or she sees that the party made a good faith effort, no contempt will be found.

Child Support or Custody Modification
A Boise Divorce Attorney will file for a support or custody modification when it can be shown that there has been a substantial and material change in circumstances.  These can be two different things when you are talking about child support or custody modification.  For example, losing your job, or getting a raise are both definitely a grounds for modifying your child support.  Losing your job or getting a raise, however, are not necessarily grounds for modifying custody.  The circumstances which warrant a modification must be material and substantial.  Losing your job does not suddenly make you a bad parent.  Losing your job, however, does change your income.

Of course, for custody modification, the parties can agree to change the visitation or the custodial arrangement by agreement.  Say for example, your 16 year old son would like to live with his father and have visitation with his mother.  Your divorce attorney can file a stipulation and you can ask the court to change the custody arrangement.  If, however, you later want to change it back, you will have to show a material and substantial change in circumstance if the other parent won't agree to the change.

If you have a modification issue, or any other family law issue, give us a call and speak with one of our family law lawyers, (208) 472-2384

Boise Divorce Lawyer Talks About the Uniform Child Custody Act

As a Boise Divorce Lawyer I often talk to people about child custody modification.  A confusing issue for people can be where and when modification can take place when you are new to Idaho. 

Jurisdiction is what controls where and when you can file a complaint in a court.  If you have moved to Idaho and have lived here for 6 weeks, for example, you can file for divorce, even if your spouse does not live in Idaho.  Child custody can also be decided by a divorce court once jurisdiction has been established.

As a Boise Divorce Lawyer, I see cases, however, where the child custody issues can be addressed by an Idaho Court when jurisdiction has not been established.  In cases where a child is present in Idaho and there is an existing order from another state, an Idaho Court can hear issues such as failure to comply with an established order.  An example of this would be if you  have a child custody order from another state and your ex is moving and is present in Idaho.  You come to Idaho to get your kids for visitation and your ex won't give them to you.  You can go before an Idaho Court and even though the state does not have jurisdiction, you can have an Idaho Court enforce the order under the Uniform Child Protection Act.

As a Boise Divorce Lawyer, people often ask me if they can use that Act to modify their custody arrangements.  The answer is no.  If you are simply seeking to modify your custody order, you have to fulfill the ordinary jurisdictional requirements.

To speak with a Boise Divorce Lawyer or to find out more about divorce and child custody in Idaho please call (208) 472-2384 or visit www.divorceboiseid.com

Boise Divorce Lawyer Talks About Default Divorce

When you file for divorce you can never be certain if the other side will respond.  If they don't respond you can take by default.  In a default divorce you get everything that you ask for.  This is why it is important to include income verification and child support worksheets to set child support in child custody cases.  If you don't include these in the file at the time the original complaint is served, some judges won't allow you to set child support.  This doesn't mean that you won't be able to get child support in child custody cases, it just means you will have to return to the court with the proper documents to set child support.

As a Boise Divorce Lawyer I even mention this because you just never know who will and who won't respond to a divorce complaint.  Often, people are in a hurry to get their divorce complaint in.  They are afraid that their spouse might run with the child.  Even in these cases, it is important to file all the appropriate documentation so that you don't have to take an additional step.  Some judges, however, will allow you to set child support amounts without the documentation having been filed.  You just don't ever know ahead of time who your judge will be.

For more information concerning divorce, child support and child custody visit www.divorceboiseid.com

Boise Divorce Lawyer Talks About Collaborative Divorce

As a Boise Divorce Lawyer I often get asked questions about Collaborative Divorce.  Is Collaborative Divorce new?  The name is new, the idea is not. 

Collaboration refers to coming together to agree to the terms of a divorce.  Divorces that are settled in this way are often more successful than a traditional high conflict divorce.  The parties are much happier and there are fewer, if any, modifications. While the idea is good, all too often collaboration fails because the parties cannot agree.

Ideally, prior to attempting to settle on the terms of the divorce and child custody issues, the parties will agree to fundamental ideals such as their children's interest come first, any decisions will prioritize the children's best interests and they will treat one another with dignity.

For more information about divorce in Idaho or to speak with a Boise Divorce lawyer, please visit www.divorceboiseid.com

Boise Divorce Lawyer Talks About Mediation

If you get a divorce in Ada County and you have children and are unable to agree on the custody arrangement, the judge will order you to mediation.  In general, the cost of mediation is split between the parties.  Each party's divorce lawyer can make a suggestion as to the mediator but if the sides don't agree the judge will decide.

The parties will go to a prescribed number of mediation sessions.  They are designed to help the parties negotiate the terms of the child custody arrangement.  Judges in Ada County prefer that the parties agree to the terms of the child custody arrangement because when the parties agree there is less likelihood of needing to file for modification.

The mediation sessions are not binding but can be made part of the final custody order if the parties come to an agreement as to the custody arrangement.

Child Custody in Idaho and Grandparents' Rights

As a Boise Divorce Lawyer I have seen battles and struggles with grandparents' rights.  Often in these situations one or both parents have left and the grandparents end up with the kids.  There are many reasons for this including drug use, Child Protective Services placing the children with the grandparents or abandonment.  What happens next leads to a cascade of emotions and a court battle which can leave grandparents at the short end of the stick.

Child custody in Idaho is determined by using the factors outlined in Idaho Code 32-717 While grandparents have not always had rights in regard to the child custody of their grandchildren, the Idaho Code now specifically provides for some grandparental rights.  In Idaho Code 32-717(3) it states that when a grandchild actually lives with a grandparent and they are in a stable relationship with each other, the court may recognize the grandparent as having the same status as the parent in evaluating custody arrangements based upon the best interest of the child.

This does not mean, however, that the court must take this into consideration.  The language specifically says, "may consider".  As a Boise divorce lawyer, I have seen different judges do different things with this.  I have seen judges award child custody to a parent and give grandparents visitation.  Likewise, I have seen grandparents receive no visitation rights under these circumstances.

Grandparents' rights is a difficult and emotional area of the law.  To learn more about child custody in Idaho, please visit www.lawboiseid.com or www.divorceboiseid.com

Boise Divorce Attorney Discusses How Judges Determine Child Custody

I often hear people complain about their divorce and how the child custody was determined.  People complain to me all the time that they think the judge didn't even look at their side.  As a Boise Divorce Attorney I can tell you that child custody isn't determined on the whim of the judge.  There is a very specific set of circumstances that are evaluated to determine the "best interest" of a child.  Idaho Code section 32-717 outlines these factors.  It states that the court shall consider all relevant factors in a child custody determination including the ones it outlines.

Firstly, the court is directed to consider the wishes of the parents as to custody.  Very rarely are parents in agreement on what that arrangement should be.  This is why the court doesn't stop there.  The second factor is the wishes of the child or children.  This is an option that is addressed primarily when the children are older.  A child under seven is very rarely able to express with a degree of certainty which parent they would like to spend the majority of their time with.  A child of this age doesn't understand permanence in a way that they can actually add valuable input for the judge.  A related factor is the character and the circumstances of all the individuals involved.  It used to be that it was thought that the best interest of the child meant to be placed with the mother because mothers are more sensitive and caring toward children.  The court in the past 25 years has acknowledged that it is not unheard of for fathers to be more stable, have better character and in a better set of circumstances to parent the children.  The best interest idea shifted because courts began to look at this specific criteria.

Beyond the wishes of the parties and the children, to determine child custody the judge will look at the interaction of the parties with each other, the children and any siblings.  The court looks at these to determine if the children will be placed together with specific parents or if they will alternate.  Children's relationships with their siblings are very important and if they have a strong bond with each other the court does not want to disturb this.  This also applies with step siblings. The court will look at the visitation schedules of step siblings where there is a very strong bond between step siblings to ensure that their time together is not disrupted.

The fourth and fifth factors go hand in hand.  The court will look at the child's adjustment to his or her home, school and community and from there the court will seek to promote this continuity and stability for the child.  Divorce disrupts a child's life and so this is a critical factor.  Parents often move after divorce, the children change schools and even communities.  If one parent resides in the family home and the children can remain in their historical schools and communities the court will weigh this very heavily as to maintain the stability.

The court will also look at any record of domestic violence.  This, can rise to the level where it is a superseding factor.  If one parent lives in the family home where the stability of the child may be maintained but is or has been abusive to the other parent, the abuse will be considered a factor against the offending parent.  One thing to keep in mind, however, as a Boise Divorce Attorney I often see the domestic violence card played and often it is played as a tactic against the other party.  I am in no way belittling the importance of filing dv when it is necessary, I just want to point out that it can be used as an attempt to cloud the court's opinion.

As a Boise Divorce attorney I have seen another tactic that divorcing parents often will try to use against each other; parties will claim that one parent is disabled and therefore they are unfit to parent.  The Idaho Code has specifically addressed this and has stated that a disability in and of itself will not render a parent unfit.  It states that the parent will be evaluated taking into account how they might parent considering how they themselves have adapted with their disability.

Child custody in Idaho is specifically based upon the best interest of the child.  The best interest, however, is not based upon the whim of a judge.  With the help of the above outlined factors a judge will make his or her decision.  The judges can and do weigh other factors, when presented to them, if they believe that they will have an impact on the best interest of the child.  However, unless the parties agree, rarely is anyone completely satisfied with the results.

For more information on child custody in Idaho visit www.lawboiseid.com or www.divorceboiseid.com