HOW CHILD CUSTODY MODIFICATION WORKS IN IDAHO?
Parent’s schedules and life events don’t always allow the parents to maintain the same schedule, and therefore the initial parenting plan may need modified once or multiple times over the minor children’s lifetime. So, when the parents’ schedules no longer fit with the current custody order/parenting plan, the parents need to modify the parenting plan with the other parent. In some circumstances, the parents have a good relationship and can agree on modifying some or all of the terms that were put in place in the initial, or subsequent, parenting plan. In other circumstances, the parents’ relationship is a constant war and they cannot agree on anything.
In order to modify an existing parenting plan, the parent that wants to modify the parenting plan is under the burden to prove that there has been a substantial and permanent change in circumstances. If the other parent challenges the change in circumstances, it will be up to you and your attorney to prove the change. Although not an exhaustive list, some of the situations that would justify a modification of the parenting plan include:
- Other parent getting remarried
- Other parent becoming incarcerated (or getting out of jail, or prison)
- Other parent getting a new job with a new schedule or higher pay
- Other parent wishes to move to another state
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WHAT HAPPENS IF THE PARENTS CANNOT AGREE ON A CHILD SUPPORT MODIFICATION?
In scenarios like this, the court will essentially look at the totality of the circumstances in order to determine what parenting plan will be in the best interests of the child or children. But, pursuant to the statute, the court will specifically look at the following factors:
- The wishes of the child’s parent or parents as to his or her custody
- The wishes of the child as to his or her custodian
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings
- The child’s adjustment to his or her home, school, and community
- The character and circumstances of all individuals involved
- The need to promote continuity and stability in the life of the child, and
