Crafting a visitation schedule or parenting plan that works for everyone involved is often a challenging task for those facing divorce in Boise, Nampa or other Idaho cities. In Idaho, the courts will consider the children’s best interests regarding custody and visitation matters.
Once “legal” custody is determined, outlining which of the parents has, or how the parents share, responsibility, authority, and decision-making concerning the children’s health, safety, welfare, and education, the court will decide on “physical” custody and visitation.
Idaho courts consider various factors when deciding physical custody and visitation, which is why it is crucial for divorcing parents to seek the assistance of a knowledgeable family law attorney.
Kevin Shupperd of Shupperd Law is an Idaho family law attorney that helps clients in Boise, Meridian, and surrounding areas understand their visitation rights and navigate Idaho family law.
Learn more about child custody and visitation rights in Idaho and how an attorney can help protect and obtain those rights.
Understanding Child Visitation Laws in Idaho
In Idaho divorce cases involving child custody, visitation refers to the non-custodial parent’s right to see the children or temporary custody granted to non-custodial parents or relatives.
Generally, Idaho courts work on the assumption that there is a benefit to giving shared custody and visitation rights to both of a child’s biological parents unless there is evidence that this is not in the best interest of the child. Biological parents that are denied physical custody can still have visitation rights in Idaho to foster relationships between the child and the parent.
Like in other states, Idaho’s visitation laws are not as clear regarding visitation for grandparents, relatives, or third parties. Although Idaho does have guidelines that govern third-party visitation rights under certain circumstances, it is not uncommon for these laws to be challenged.
Idaho courts work to make visitation decisions with the child’s best interests in mind. Thankfully, courts have significant flexibility when it comes to choosing the most suitable visitation agreement.
Idaho Child Visitation Considerations
In Idaho, there are several situations in which a minor child’s biological parent may seek visitation rights. These situations include open divorce actions, custody cases, or stand-alone visitation petitions.
When reviewing any visitation requests, Idaho courts consider the child’s best interest based on the following, as outlined in Idaho’s visitation and custody statutes:
- The parents’ wishes and any visitation/parenting plan submitted by each party;
- The existing relationships that exist between the child and parents, siblings, or other individuals, affecting the child’s best interests;
- The promotion of continuity and stability in the life of the minor child, including home life, school, or community;
- The physical and mental health of the child, including any consideration of any abuse;
- The wishes of the minor child.
In some instances, Idaho courts may award visitation rights to the grandparents of a minor child if visitation is deemed to be in their best interest.
How an Idaho Divorce Attorney Can Protect Your Visitation Rights
Child custody and visitation matters can be complicated, emotional, and contentious. Whether your divorce is amicable or contentious, Boise family law attorney Kevin Shupperd can help you navigate Idaho’s custody and visitation laws to obtain the most favorable outcome. He will meet with you to discuss the factors that Idaho courts use to determine visitation, any unique aspects of your case, and how such issues may apply to your situation under Idaho family law.
At Shupperd Law, we are committed to protecting your visitation rights.