Understanding How Child Custody Works in Meridian, Idaho
In any divorce, the most difficult part is to determine which among parents will their child be in custody. Besides asset distribution, the spouses have to agree on or fight for child custody knowing it will not only influence their lives but also that of the child. Children suffer the most when their parents separate. The last thing they need is having to choose between their parents and being dragged through court.
The parents requesting custody of their children have to know Idaho laws. They also need to understand how the court applies those laws and how they make decisions. That is why hiring a top-notch divorce lawyer is important.
Your divorce attorney should able to discuss to you how the court applies the laws in child custody and how they make a decision. Your lawyer is your ally in informing you of your rights and providing you options, while you focus in your relationship with your child and see things more objectively.
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HOW IDAHO COURT SETTLES DISPUTES IN CHILD CUSTODY?
When the parents cannot agree on how to share custody, they go to court. Depending on the case circumstances, the judge may grant custody to one parent or order joint custody. Their decision will follow the Idaho Domestic Relations Law and focus on the child’s best interests.
It is up to each parent to prove that remaining in their care is the best thing for their child. The court will want to see evidence not hear stories or promises. In making a decision, the court will consider several factors:
- The parents’ requests.
- The child’s preference.
- The child-parent relationships.
- The relationship of the child with siblings or other persons living with their parents.
- The child or parent’s disability if applicable and its impact on the parent’s obligations and the child’s well-being.
- The living arrangements, financial, health, and employment situation of each parent.
- Each parent’s ability to fulfill the child’s physical, mental, and emotional needs.
- The parent’s fitness for raising the child (taking into consideration domestic violence, drugs or alcohol consumption).
- The child’s need for stability and how the custody order may affect their life.
Disabled parents and grandparents may claim child custody in Idaho. The disabled parent will have to prove that their disability does not prevent them from watching over the child. Grandparents have to prove they cared for the child for a minimum of 6 or 12 months, depending on the child’s age. If the circumstances and the child’s interest change, parents may ask the court to reconsider who has custody.
Know your rights as a parent. Whether you’re facing a child custody battle in court or preparing for negotiations, we can help.
