IDAHO CHILD CUSTODY LAWYERS
Child custody is the privilege and duty to control, care for, supervise and educate your minor child.
Physical custody refers to the routine daily care and control and the residence of the child. In sole custody arrangements, one parent takes care of the child the majority of the time and makes major decisions about the child. In joint physical custody arrangements both parents share in caring for the child.
Legal custody means the right to determine the child's upbringing, including education, health care and religious training. Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing.
When the parents cannot come to an agreement regarding custody and parenting time with their child, the court must do so. The court bases its decisions on custody and visitation arrangements on the best interests of the child, using various criteria.
This subset of law also often overlaps with facets of divorce law. Child custody refers to the legal obligation and right a parent or guardian has to care for, make decisions for, supervise, educate and control a minor child for whom he/she is responsible. The issue of child custody may arise in any of the following situations: when a married couple with a minor child of the marriage seeks a divorce; when two unmarried parents of a minor child cannot come to an agreement about custody outside of court; when a parent or legal guardian is found to be unfit or dangerous for the child's well-being by a court or state agency; and when either or both parents are absent or deceased. Custody is not limited to the child's parent, but can also be awarded to other family members, to a foster parent or group home, or to other organizations or institutions.
IDAHO CHILD CUSTODY -- BEST INTEREST STANDARD
Under the Idaho domestic relations code, in actions relating to the custody of children, the focus of the court is upon what is in the best interest of the children. Our Idaho family lawyers understand the factors that the court will consider in making a custody determination and are cognizant of the rules of evidence with regard to demonstrating the relevant factors to the court.
In Idaho the factors considered by the Court to determine the best interst of the child are:
(a) The wishes of the child's parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
(d) The child's adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child; and
(g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.
FREE LAWYER CONSULATION
If you have questions about modification of child custody, instituting an action for child custody, or if you have been named a defendant in a child custody proceeding, contact the Idaho lawyers at Lovan Roker & Rounds to schedule a free family law consultation.