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.
Friday, September 14, 2012
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 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, April 4, 2011
Boise Divorce Lawyers, Divorce Attorneys, Boise Family Law Lawyers, Probate Attorneys
Boise Divorce Lawyers, Attorneys, Boise Family Law Lawyers, Probate Attorneys in Idaho, call (208) 472-2384 for a free consultation.
Family Law in Idaho has many facets including divorce, custody and probate. Probate occasionally falls under family law because there are elements of the family included in establishing your estate. An example of where family law and probate intermingle is in divorce. As a Boise Divorce Attorney, I always tell my clients to make certain that they change their will after they divorce. This primary reason for this is to facilitate the ease of probate once you die. For example, if you never take out a piece of property that your ex-spouse was awarded in the divorce, you can get a lot of complications going. It is always best to clean up your will after a divorce.
Another example of where changing your will is really the best thing to do is when you divorce, you should take out your old spouse and put in your new spouse. If you leave your new spouse out of the will, Idaho has a probate provision in the Idaho Code that says your spouse will take their share of the property (as if you had died without a will) unless it is clear that you intended to leave them out. If, however, you didn't take your Boise Divorce Lawyers advice and take the exspouse's name out, that ex spouse may still take some of your property. For example, if your old will read, "I leave all my real property to Betsy Boo" but you did not name her as your spouse, when you die and you haven't taken her name out Betsy Boo may still take some property of yours. If I were Betsy Boo's Probate Attorney and there wasn't evidence to the contrary, I would certainly argue that.
Cleaning up your will pursuant to divorce is an area where family law and probate law get heavily entangled. Remember, don't forget to get a new will!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2384. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you.
Family Law in Idaho has many facets including divorce, custody and probate. Probate occasionally falls under family law because there are elements of the family included in establishing your estate. An example of where family law and probate intermingle is in divorce. As a Boise Divorce Attorney, I always tell my clients to make certain that they change their will after they divorce. This primary reason for this is to facilitate the ease of probate once you die. For example, if you never take out a piece of property that your ex-spouse was awarded in the divorce, you can get a lot of complications going. It is always best to clean up your will after a divorce.
Another example of where changing your will is really the best thing to do is when you divorce, you should take out your old spouse and put in your new spouse. If you leave your new spouse out of the will, Idaho has a probate provision in the Idaho Code that says your spouse will take their share of the property (as if you had died without a will) unless it is clear that you intended to leave them out. If, however, you didn't take your Boise Divorce Lawyers advice and take the exspouse's name out, that ex spouse may still take some of your property. For example, if your old will read, "I leave all my real property to Betsy Boo" but you did not name her as your spouse, when you die and you haven't taken her name out Betsy Boo may still take some property of yours. If I were Betsy Boo's Probate Attorney and there wasn't evidence to the contrary, I would certainly argue that.
Cleaning up your will pursuant to divorce is an area where family law and probate law get heavily entangled. Remember, don't forget to get a new will!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2384. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you.
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
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
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.
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