As a Boise Divorce Attorney I often get calls from individuals who are seeking to establish or get back custody of their children. The most difficult part of these calls is when an individual is desperate to "help" their child, but the child does not reside in Idaho.
Child's Home State
In order for an Idaho Court to exercise jurisdiction over a child, the child must reside in the state of Idaho for at least six months. That means, if the child does not live here, the court cannot tell the child's home state that they are going to exercise jurisdiction over the child and make a custody determination. If you really need to challenge custody, you will have to petition the court in the child's home state.
Emergency
What if the child comes to Idaho for visitation from another state and it is clear that the child has been abused. Can Idaho do anything? Yes, Idaho can exercise emergency jurisdiction over a child. It is not going to outright change custody, but it will exercise it's jurisdiction to ensure that the child is not put in further danger. The court will communicate with the child's home state court and work to resolve the situation.
Divorce
What happens if you move to Idaho and want to get a divorce and have your custody issues decided here? For divorce, you only need to reside in the state for 6 weeks. If you have been here less that 6 months, you can go ahead and file for divorce and ask that the court not make a custody determination. If you can't wait 6 months to get divorced, you can get the divorce done and then return to the court to have the custody worked out.
If you are seeking a divorce and you need to speak to a Boise Divorce Attorney, please give us a call, (208) 472-2384 and see what we can do for you.
Showing posts with label custody. Show all posts
Showing posts with label custody. Show all posts
Monday, May 6, 2013
Friday, September 14, 2012
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.
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.
Thursday, August 16, 2012
Boise Family Law Lawyers - Divorce Attorneys (208) 472-2384 Child Support in Idaho
Child Support Questions
Boise Family Law Lawyers encounter a whole variety of legal questions ranging from divorce to adoption. Some of the most common questions revolve around child support. Most people are familiar with the Idaho Child Support Guidelines to the extent that they exist and are used to determine child support. Most questions directed to Boise Divorce Attorneys concerning child support are, "do the guidelines apply to me?" and "can we agree on a different amount?"
In short, the guidelines apply to any divorce, custody or modification proceeding in Idaho where there is at least one child under the age of 18 (or 19 if they are still in high school). As to agreeing on a different amount, it is possible, but there are certain hoops you have to jump through.
Deviating from the Guidelines
How can you get an Idaho Court to set a child support amount that is different from the guidelines? Your divorce attorney must ask the court to set a different amount and give the judge convincing evidence to show that the child support amount set by the guidelines is not the appropriate amount. The judge is required to incorporate the reasons and their conclusion in their findings of fact and conclusions of law.
Good Idea or Bad?
Is it a good idea to deviate from the guidelines? In most cases, if there are compelling reasons to set the child support amount at a different rate then, logically, it is in the best interest of the child. There are situations, however, where this can actually backfire. As a Boise Divorce Attorney I have seen several instances, after the fact, where the intended result is not what the party anticipated. Often people will compel the court to set their child support amount at a larger dollar amount because it is their intent to secure a higher level housing for your children, for instance. These individuals intend to give the ex-spouse more money so they can continue to make the house payment. When that person continues to receive the extra child support but fails to make the house payment, the payor will seek to modify based on the fact that the money is not going where it is supposed to. Often a judge will refuse to grant the modification because there is no material and permanent change in circumstances and therefore the person is out of luck until such change actually takes place.
As a Boise Family Law Lawyer in these cases, I suggest to my clients rather than seeking the child support to be set at a different amount, that they explore the possibility of a side agreement to provide for the children's housing. Keeping the agreement out of the court order prevents any changes having to rise to the standard of substantial and material.
If you are seeking a divorce, child custody or modification and you need to speak to a Boise Divorce Lawyer, give us a call, (208) 472-2384 and see what we can do for you.
Boise Family Law Lawyers encounter a whole variety of legal questions ranging from divorce to adoption. Some of the most common questions revolve around child support. Most people are familiar with the Idaho Child Support Guidelines to the extent that they exist and are used to determine child support. Most questions directed to Boise Divorce Attorneys concerning child support are, "do the guidelines apply to me?" and "can we agree on a different amount?"
In short, the guidelines apply to any divorce, custody or modification proceeding in Idaho where there is at least one child under the age of 18 (or 19 if they are still in high school). As to agreeing on a different amount, it is possible, but there are certain hoops you have to jump through.
Deviating from the Guidelines
How can you get an Idaho Court to set a child support amount that is different from the guidelines? Your divorce attorney must ask the court to set a different amount and give the judge convincing evidence to show that the child support amount set by the guidelines is not the appropriate amount. The judge is required to incorporate the reasons and their conclusion in their findings of fact and conclusions of law.
Good Idea or Bad?
Is it a good idea to deviate from the guidelines? In most cases, if there are compelling reasons to set the child support amount at a different rate then, logically, it is in the best interest of the child. There are situations, however, where this can actually backfire. As a Boise Divorce Attorney I have seen several instances, after the fact, where the intended result is not what the party anticipated. Often people will compel the court to set their child support amount at a larger dollar amount because it is their intent to secure a higher level housing for your children, for instance. These individuals intend to give the ex-spouse more money so they can continue to make the house payment. When that person continues to receive the extra child support but fails to make the house payment, the payor will seek to modify based on the fact that the money is not going where it is supposed to. Often a judge will refuse to grant the modification because there is no material and permanent change in circumstances and therefore the person is out of luck until such change actually takes place.
As a Boise Family Law Lawyer in these cases, I suggest to my clients rather than seeking the child support to be set at a different amount, that they explore the possibility of a side agreement to provide for the children's housing. Keeping the agreement out of the court order prevents any changes having to rise to the standard of substantial and material.
If you are seeking a divorce, child custody or modification and you need to speak to a Boise Divorce Lawyer, give us a call, (208) 472-2384 and see what we can do for you.
Thursday, April 19, 2012
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
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
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.
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.
Monday, February 28, 2011
Boise Divorce Lawyers and Military Deployment
With the ongoing war in Iraq and the United State's presence in Afghanistan more and more Idaho soldiers are being deployed, often more than once. What does this do to those who have had a divorce and have a custody and visitation schedule in place? As a Boise Divorce Lawyer, I often hear from my clients when they are given notice of deployment, that they are afraid that their custody and visitation arrangements may be disrupted. Divorce lawyers know that this can be stressful for military personnel, but they also know that there are many protections in Idaho law and federal law for military personnel.
As a Divorce Attorney in Boise I often advise my clients to create a power of attorney to delegate their visitation while they are deployed. Idaho law allows for custody to be delegate through a power of attorney for three years. This is often the best option when their are step siblings with whom continued contact would be valuable, or grandparents with who the child has a good relationship. Custody attorneys use this as a way not to disrupt custody and visitation.
Another option I use as a Custody lawyer is a mutual agreement between the parties that the visitation of the military personnel will be temporarily suspended, without prejudice, while the soldier is deployed. Divorce lawyers often see this as the best choice when there aren't step-siblings or grandparents around with whom continued contact would be beneficial.
A word of caution, however. Military personnel are protected by Idaho law allowing them to delegate their custody and visitation rights, but as a Boise Divorce Lawyer, I can tell you that doesn't mean that other parent won't hire a custody attorney and motion for a modification or won't try to show how that power of attorney is not in the best interest of the child. In this situation, divorce lawyers can put forward the opposition of the best interest of the child and then it is for an Idaho Court to decide.
If you need to speak with a Boise Divorce Lawyer or a Custody Attorney in Boise, please call (208) 472-2384 or visit www.lawboiseid.com for more information
As a Divorce Attorney in Boise I often advise my clients to create a power of attorney to delegate their visitation while they are deployed. Idaho law allows for custody to be delegate through a power of attorney for three years. This is often the best option when their are step siblings with whom continued contact would be valuable, or grandparents with who the child has a good relationship. Custody attorneys use this as a way not to disrupt custody and visitation.
Another option I use as a Custody lawyer is a mutual agreement between the parties that the visitation of the military personnel will be temporarily suspended, without prejudice, while the soldier is deployed. Divorce lawyers often see this as the best choice when there aren't step-siblings or grandparents around with whom continued contact would be beneficial.
A word of caution, however. Military personnel are protected by Idaho law allowing them to delegate their custody and visitation rights, but as a Boise Divorce Lawyer, I can tell you that doesn't mean that other parent won't hire a custody attorney and motion for a modification or won't try to show how that power of attorney is not in the best interest of the child. In this situation, divorce lawyers can put forward the opposition of the best interest of the child and then it is for an Idaho Court to decide.
If you need to speak with a Boise Divorce Lawyer or a Custody Attorney in Boise, please call (208) 472-2384 or visit www.lawboiseid.com for more information
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.
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.
Monday, February 21, 2011
Boise Divorce Lawyers - Divorce and Custody Evidence
Boise Divorce Lawyers are seeing a new trend in evidence for divorce and custody cases. Facebook posts are being introduced into courts in Idaho either as supporting evidence for clients or as evidence against clients. Boise Divorce Lawyers are using facebook evidence to support their contentions that their client is the innocent party or the party most fit to be the custodial parent.
If you are in the middle of a divorce or custody battle and you post on your facebook account that you are having an affair, or that you interfered with a custody transfer or you violated a no contact order
Boise Divorce Lawyers will tell you that that evidence can be used against you in court.
A word of caution from a Boise Divorce Lawyer - be careful what you post on facebook - it might come back to bite you.
If you are seeking a divorce or have custody issues in Idaho and need to speak to a Boise Divorce Lawyer, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
If you are in the middle of a divorce or custody battle and you post on your facebook account that you are having an affair, or that you interfered with a custody transfer or you violated a no contact order
Boise Divorce Lawyers will tell you that that evidence can be used against you in court.
A word of caution from a Boise Divorce Lawyer - be careful what you post on facebook - it might come back to bite you.
If you are seeking a divorce or have custody issues in Idaho and need to speak to a Boise Divorce Lawyer, please call (208) 472-2384 or visit www.lawboiseid.com or www.divorceboiseid.com for more information.
Thursday, February 10, 2011
Boise Divorce Lawyer Talks About the Temporary Orders and Mediation
As a Boise Divorce Lawyer I often hear from people seeking a divorce who have custody issues. One of the biggest questions I hear from people is "how can I get custody of my kids?" Custody is emotionally a tough situation because you go from being a family to having two different families. You go from being with your kids all the time to seeing them on an alternating basis.
Custody in Idaho is determined on the basis of the best interest of the child. There are many factors which judges take into account to base a decision upon. During a divorce and custody proceeding Boise judges like to put in place something known as temporary orders. This provides for continuity and a schedule during the divorce. To establish temporary orders judges in Boise often look at the status quo. Who has traditionally been the primary care giver? Who is the child living with during the separation? What has been the existing visitation schedule? It is often based upon this that they determine what the temporary arrangement will be.
As a Boise divorce lawyer I can tell you that judges much prefer when the parties to a divorce and custody proceeding can agree on what the custody arrangement will be. Towards this end Boise judges will order parties to mediation. Mediation is supposed to help the parties agree on what the custody arrangement will be. While parties to the divorce often get frustrated by mediation, the reason Boise judges are so adamant about ordering it is based upon the principle that if the parties can agree there is less likelihood of the need for modification. While parties often dislike mediation because it involves a compromise, it gives the parties to the divorce the power to decide instead of being told by the judge what will happen.
If you need to speak to a Boise Divorce Lawyer, please give us a call at (208) 472-2384. For more information concerning divorce in Idaho please visit www.lawboiseid.com
Custody in Idaho is determined on the basis of the best interest of the child. There are many factors which judges take into account to base a decision upon. During a divorce and custody proceeding Boise judges like to put in place something known as temporary orders. This provides for continuity and a schedule during the divorce. To establish temporary orders judges in Boise often look at the status quo. Who has traditionally been the primary care giver? Who is the child living with during the separation? What has been the existing visitation schedule? It is often based upon this that they determine what the temporary arrangement will be.
As a Boise divorce lawyer I can tell you that judges much prefer when the parties to a divorce and custody proceeding can agree on what the custody arrangement will be. Towards this end Boise judges will order parties to mediation. Mediation is supposed to help the parties agree on what the custody arrangement will be. While parties to the divorce often get frustrated by mediation, the reason Boise judges are so adamant about ordering it is based upon the principle that if the parties can agree there is less likelihood of the need for modification. While parties often dislike mediation because it involves a compromise, it gives the parties to the divorce the power to decide instead of being told by the judge what will happen.
If you need to speak to a Boise Divorce Lawyer, please give us a call at (208) 472-2384. For more information concerning divorce in Idaho please visit www.lawboiseid.com
Friday, January 7, 2011
Boise Divorce Lawyer Talks About Divorce in Boise ID
As a Boise Divorce Lawyer I get asked a lot of questions about how divorce and custody vary in different cities or counties and if it is better to file in one place or the other.
Firstly, divorce and custody does differ slightly between counties. In Ada County, Boise judges have different local rules they follow and different ways of approaching divorce and custody. The same goes for Canyon County or Elmore County and all counties throughout Idaho.
The next question, "is it better to file in one place or another?" is not really a practical question. You have to file for divorce or custody in the county where you reside or where the marital property is located or the county where the other party resides. If you both reside in Boise then you have to file in Ada County. If, however, you previously lived in Canyon County, your soon to be ex still lives there, your property is there, but your children live with you in Boise, you could look at the pros and cons of each county and make a choice as to where you would like to file.
If you are seeking a divorce in Idaho or have custody issues and want to speak to a Boise Divorce Lawyer, call (208) 472-2384 or visit www.divorceboiseid.com
Firstly, divorce and custody does differ slightly between counties. In Ada County, Boise judges have different local rules they follow and different ways of approaching divorce and custody. The same goes for Canyon County or Elmore County and all counties throughout Idaho.
The next question, "is it better to file in one place or another?" is not really a practical question. You have to file for divorce or custody in the county where you reside or where the marital property is located or the county where the other party resides. If you both reside in Boise then you have to file in Ada County. If, however, you previously lived in Canyon County, your soon to be ex still lives there, your property is there, but your children live with you in Boise, you could look at the pros and cons of each county and make a choice as to where you would like to file.
If you are seeking a divorce in Idaho or have custody issues and want to speak to a Boise Divorce Lawyer, call (208) 472-2384 or visit www.divorceboiseid.com
Sunday, December 26, 2010
Boise Divorce Lawyer Offers Tips for Visitation Swap
As a Boise Divorce Lawyer I would like to offer the following tips to make your routine custody and visitation swap easier for you and your children.
For more information concerning divorce, custody and visitation visit www.divorceboiseid.com
- Always be timely
- Call ahead if you will be late
- Remember to bring your child's belongings and those requested by the other party
- Don't make a habit of changing plans
For more information concerning divorce, custody and visitation visit www.divorceboiseid.com
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