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.
Showing posts with label visitation. Show all posts
Showing posts with label visitation. Show all posts
Friday, September 14, 2012
Tuesday, March 20, 2012
Boise Divorce Attorneys - Family Law Lawyers - Custodian, Guardian, Granparent's Rights
Who is a Child's Custodian?
Have you ever gone to fill out a form for a child and read "'Child's Parent or Guardian" and wondered who would qualify as the child's guardian? Being the custodian of a child is not the same as being a child's guardian, but it can, and often is, the first step to being appointed a guardian.
Idaho De Facto Custodian Act
Idaho law basically says that if you are related to a child (by three degrees of kinship) and have cared for that child for a certain period of time, both financially and physically, without parental consent or demonstrated participation of the parent, you are in fact the custodian of the child. The time period differs depending upon the age of the child. If the child is under 3 years of age and you have cared for them for 6 months, you are the de facto custodian. If the child is 3 or older then that time is extended to 1 year of care.
What is "Demonstrated Lack of Participation"
As a Boise Family Law Lawyer I hear this question a lot. It usually comes in the context of a grandparent wanting to seek custody or guardianship of their grandchild. It means a parent fails or refuses to provide and care for their child as required by law. An extreme example, but sadly one I hear often as a Boise Divorce Attorney, is a parent on meth. People on meth cannot care for themselves, let alone children. They often will be high for days and not even take care of themselves. Another sad example is when a parent decides they no longer want to care for a child. This demonstrated lack of participation is grounds for allowing someone who actually cares for the child to be in the position of legally providing for them.
Ramifications of De Facto Custodian
Being a De Facto Custodian provides the child's caregiver with the ability to enroll a child in school, take them to the doctor and gives them grounds for pursuing a guardianship of the child. The Boise School System will not allow a child to be enrolled just by anyone. Likewise, a pediatrician's office will not allow just anyone to bring a child in and will not allow information to be given to someone who has not been designated by the parent to receive the information. If you are a custodian, you are one step closer to being able to stand in the place of the parent.
Guardianship is one ramification of being the custodian of a child. If you can show you are the de facto custodian and that the parent has no, or only negative involvement, in the child's life, the court is very likely to find in favor of you as the guardian.
What's the Difference Between Custodian and Grandparent's Rights?
Grandparent's rights refers to a factor of stability for children. Allowing a grandparent's the right to visit with their child has been a major point of contention. If, however, you are a grandparent that has had regular and frequent contact with your grandchild and have been a part of that child's whole life, a court may consider the possibility of granting you visitation pursuant to divorce or other custody arrangement. A custodian, however, refers to when the child has been left in your care, whether it was intentionally or negligently.
If you are in the care of a child and need to pursue a guardianship, or adoption and want to speak with a Boise Family Law Attorney, please give us a call, (208) 472-2384 and see what we can do for you.
Have you ever gone to fill out a form for a child and read "'Child's Parent or Guardian" and wondered who would qualify as the child's guardian? Being the custodian of a child is not the same as being a child's guardian, but it can, and often is, the first step to being appointed a guardian.
Idaho De Facto Custodian Act
Idaho law basically says that if you are related to a child (by three degrees of kinship) and have cared for that child for a certain period of time, both financially and physically, without parental consent or demonstrated participation of the parent, you are in fact the custodian of the child. The time period differs depending upon the age of the child. If the child is under 3 years of age and you have cared for them for 6 months, you are the de facto custodian. If the child is 3 or older then that time is extended to 1 year of care.
What is "Demonstrated Lack of Participation"
As a Boise Family Law Lawyer I hear this question a lot. It usually comes in the context of a grandparent wanting to seek custody or guardianship of their grandchild. It means a parent fails or refuses to provide and care for their child as required by law. An extreme example, but sadly one I hear often as a Boise Divorce Attorney, is a parent on meth. People on meth cannot care for themselves, let alone children. They often will be high for days and not even take care of themselves. Another sad example is when a parent decides they no longer want to care for a child. This demonstrated lack of participation is grounds for allowing someone who actually cares for the child to be in the position of legally providing for them.
Ramifications of De Facto Custodian
Being a De Facto Custodian provides the child's caregiver with the ability to enroll a child in school, take them to the doctor and gives them grounds for pursuing a guardianship of the child. The Boise School System will not allow a child to be enrolled just by anyone. Likewise, a pediatrician's office will not allow just anyone to bring a child in and will not allow information to be given to someone who has not been designated by the parent to receive the information. If you are a custodian, you are one step closer to being able to stand in the place of the parent.
Guardianship is one ramification of being the custodian of a child. If you can show you are the de facto custodian and that the parent has no, or only negative involvement, in the child's life, the court is very likely to find in favor of you as the guardian.
What's the Difference Between Custodian and Grandparent's Rights?
Grandparent's rights refers to a factor of stability for children. Allowing a grandparent's the right to visit with their child has been a major point of contention. If, however, you are a grandparent that has had regular and frequent contact with your grandchild and have been a part of that child's whole life, a court may consider the possibility of granting you visitation pursuant to divorce or other custody arrangement. A custodian, however, refers to when the child has been left in your care, whether it was intentionally or negligently.
If you are in the care of a child and need to pursue a guardianship, or adoption and want to speak with a Boise Family Law Attorney, please give us a call, (208) 472-2384 and see what we can do for 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
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
Tuesday, November 9, 2010
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
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
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