In a divorce that involves children, Idaho child custody law states that the court must consider the children’s best interest above all else. When determining child custody in Idaho, the court addresses two issues.
First, the court decides on “legal” custody. Legal custody determines which parent has authority, responsibility, and decision-making regarding the children’s education, health, safety, and welfare. Second, the court decides on “physical” custody, which outlines how the parents share time with their children.
The courts consider many factors when determining a child’s legal and physical custody in an Idaho divorce proceeding. That is why it’s essential for anyone facing a divorce that involves children and child custody issues to seek the help of an experienced family law attorney.
Kevin Shupperd of Shupperd Law is an experienced Boise divorce attorney that also assists clients in Nampa and throughout the state with navigating laws related to child custody. Read on to learn more about the most important things you should know about child custody in Idaho.
Factors That Determine Child Custody in Idaho
Idaho divorce law requires the court to consider several relevant factors when determining child custody, including:
- The parents’ wishes and parenting plan that each party submits;
- The relationship and interaction between the child and the parents, siblings, or any other individuals who may affect the best interests of the child;
- The promotion of stability and continuity in the child’s life, including the adjustment to any changes in the child’s home life, school, or community;
- Both the physical and mental health of everyone involved, including histories of abuse;
- Any intention to move the child’s principal residence; and
- The child’s wishes.
Joint Custody vs. Sole Custody
Child custody in Idaho, as previously mentioned, has two distinct components; “legal” and “physical” custody.
When the court grants joint legal custody, both parents will share the authority, responsibility, and decision-making concerning the child’s education, health, safety, and welfare. In a joint legal custody scenario, both parents are required to confer before making any decisions regarding the child. This is unless a judge grants specific decision-making responsibility to one parent regarding particular issues.
When joint physical custody is granted, each of the parents will have significant (though not always equal) periods when the child will reside with them.
In a sole legal custody arrangement, only one parent will have authority, responsibility, and decision-making concerning the child. Similarly, sole physical custody involves the child residing exclusively with one of the parents. Within the parameters of a sole physical custody agreement, a non-custodial parent can have visitation rights. Those rights will be outlined in the final court order.
How an Idaho Child Custody Attorney Can Help
Child custody can be one of the most contentious divorce issues that a family can face. Kevin Shupperd is an experienced Boise divorce attorney that can help you navigate this process. Whether the divorce is amicable or contentious, Kevin has helped countless clients like you navigate Idaho’s child custody laws and obtain favorable outcomes
Kevin will sit down with you to discuss the factors used to determine child custody, any elements unique to your situation, and how these issues might apply to your case as per Idaho family law.
In addition to guiding you through the legal process of divorce in Idaho, Kevin can help you prepare for divorce mediation, settlement, evaluations, and litigation where applicable.
Schedule a Free Consultation Today
Contact Shupperd Law today to request a free consultation with Kevin Shupperd. Learn more about how our Boise family law practice can help you make sense of Idaho’s child custody factors and protect your rights as a parent.
At Shupperd Law, Kevin takes a careful hand in dealing with child custody and other issues related to family law. He will make sure you are treated fairly in all aspects of the child custody process.