If the decision is made by a Judge, the decision is out of both parents’ hands, and often this means that one or both spouses are unhappy with the decision. The best way to avoid this is to attempt to come to an agreement together without court intervention. This is where a child custody lawyer can be worth their weight in gold.
The very first stages of a child custody case involves one parent filing a Petition for Child Custody. Your child custody lawyer will help you file this correctly. This is usually a request for sole custody, and it will be down to the other parent to request a Temporary Custody Order. This will result in a hearing being arranged in front of a family court Judge.
The Judge will make some temporary decisions regarding the custody of the children during the divorce proceedings or until the custody arrangements have been finalized and may develop some temporary visitation schedules.
In Idaho, the general legal presumption is that parents should both have access to their children when they both wish to have access. The only time this is not the case is if one parent may pose a danger to the child, such as if a parent has a history of domestic violence or a history with alcohol and/or drugs.
Shared custody can take a huge variety of different shapes and forms, and it is always best to obtain representation to assist you, as when orders are finalized, they are difficult to change. This makes it essential to fight as hard as possible for a child custody arrangement that works for both you and your children.
There are several types of child custody arrangements, and your child custody lawyer will help you understand and make sense of them. Developing a parenting plan that works well for both you and your children will make it more likely that the court will agree with your plan.
If, through mediation and negotiation, you cannot come to an amicable agreement, your child custody lawyer will also be prepared to fight your case in court.
Physical custody is the location where your children reside. Parents share physical custody in most plans unless there is a reason for one parent not to have physical custody. This is called joint physical custody. Studies have shown that joint custody gives the child the best possible chance of healthy development.
Legal custody relates to the legal right that one parent may have to make important decisions in regard to their child. Important decisions include the right to decide where the child goes to school, their religion, and decisions about their medical care.
Legal custody can be awarded to either a single parent, which is called sole legal custody, or to both parents, which is called joint legal custody.
Just like physical custody, joint legal custody is the preferred form of legal custody, and sole custody will only be awarded if there is evidence to suggest one parent should not have the right to make those decisions.
The court will always make its decisions based on what is in the best interests of the children involved. This means they will attempt to make decisions that have as little impact and disruption on the child’s life as possible.
There are a huge number of considerations that they may take into account:
Custody orders, like other court orders, are legally binding. This means that the decisions need to be followed to the letter. However, under the right conditions and circumstances, you may be able to seek a modification of an order. Idaho courts will allow a modification if the order once worked but no longer makes sense.
Seeking a modification of an order is not easy, and we highly recommend pursuing the change with skilled representation behind you. You will either need the agreement of both you and your spouse to have the order changed, or you will need to document a substantial change in your circumstances.
You will need to file a “Motion to Modify Custody Order”. The courts will then set a date for a hearing. In this meeting, the parent that filed the motion will need to prove there have been serious, substantial changes in your circumstances and that the order needs to be in the best interest of the children.
Your child custody lawyer will help you document and evidence the reasons why you think the change is necessary. If you are unsure if your change in circumstances is reason enough to seek a modification, you should get in touch with our team immediately. We can arrange a case evaluation and will be able to answer your questions and evaluate your situation.
When you are a married couple, you are expected to share the responsibilities with your child. You should ensure their financial and emotional needs are met between the two of you. This can take many forms, but for many parents, it involves one spouse quitting their job or career in order to become the primary carer for the child and home.
Child support helps cover costs like housing, clothing, and feeding the child.
In Idaho state, there is no gender bias, and no court or judge should make a decision based on the parent’s gender. This means that both the mother and the father have equal rights and chances of seeking custody unless there is a reason not to grant them custody. If you are searching for an experienced child custody lawyer for fathers, contact our team today.
When it comes to making child custody decisions, you should always involve your child custody lawyer. They will be able to do everything they possibly can to protect your interests and, using their skills, experience, and resources, will be able to obtain a favorable outcome on your behalf.
We have helped numerous clients over the years. We prioritize mediation and negotiation, which keeps costs low and creates a calm space for discussion and agreement. Many couples are surprised by what they can achieve with a skilled mediator overseeing their meetings with their spouses.
We have won favorable outcomes for numerous clients over the years. We build a strong, secure attorney-client relationship, keeping you educated and informed throughout.