Wednesday, April 06, 2011

Boise Divorce Attorney - Idaho Family Law Lawyers - Custody Issues in Idaho

To speak to Boise Divorce Attorney or to one of our Idaho Family Law Lawyers, please call (208) 472-2383 for a free consultation.


As a Boise Divorce Attorney one of the biggest issues I get calls about, aside from divorce is custody.  People are very concerned about getting custody of their children, and rightly so.  There is no magic formula but there are very specific criteria that judges in Idaho look at to determine what is in the best interest of the children.


The Idaho Domestic relations statute outlines how custody should be determined.    These include the wishes of the parents and the children, the stability and character of the parents, continuity as to school and neighborhood and the status quo.  By status quo I mean who has historically been the primary care taker of the child and who has historically been the one providing the day to day care for the child.


It used to be in Ada County that the Idaho judges would order a home study before any custody determination was made.  The lawyers would agree on who would do the study and the parties would split the cost equally.  It is rare that judges in Ada County do that any more.  Now they rely more on the factors outlined in the Idaho Code and upon evidence and testimony presented by the Boise Custody Attorneys.  That is not to say that home studies no longer exist.  Other counties, such as Canyon County still rely on them to help judges make a custody decision.


If you have a divorce or custody issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383