Every legal case presents its own unique challenges, from the parent’s character to the child’s health and mental well-being. When seeking a custody attorney in Boise, Idaho, it’s important to consider a variety of factors for your specific hearing needs.
Potential Factors
Generally speaking, judges hearing child custody cases in Boise, Idaho, will consider these factors:
Parental Wishes
The parents will likely have specific desires regarding questions like living arrangements, educational costs, and birthday/holiday custody rights.
Child Wishes
The child or children may have their own feelings regarding living arrangements, too.
Child’s Well-Being
This is one of the biggest factors in family court decisions. It can refer to everything from food/clothing/shelter concerns to education considerations and the physical and mental health of the child or children in question. The Court will want to make sure that the child’s well being is safeguarded and will encourage parents to set aside their own personal issue with their soon to be ex in favor of what is best for their children.
Individual Character
The character of the parents will be considered in any custody hearing meaning the parents’ mental and physical well being.
Past Records
Working in tandem with individual character, a judge will consider any criminal records attached to the individuals of each case. This may also apply to the minors, as well.
Stability
Most U.S. courts will favor a stable child-rearing situation with job stability and safe dependable routines that contribute to a sense of safety for the child/children.
Custody Types
Like many states, Idaho courts work from the belief that joint custody works best in most co-parenting situations, although exceptions have to be made for circumstances involving abuse, neglect, or other criminal activity.
Physical Custody
This type of custody refers, pretty straightforwardly, to the exact location where the child will reside. Parents with physical custody will be responsible for most of the child’s day-to-day needs, including shelter, food, clothing, and transportation.
Legal Custody
Legal custody refers to a person having the right to make decisions regarding to the child’s welfare. This custody type covers a lot of ground, allowing the custody owner to make decisions on questions including where the child goes to school, which doctor they visit, and any of the numerous questions that arise regarding the child’s welfare.
It should be noted that possession of one custody type does not guarantee possession of the other, or that joint custody will be completely dismissed. Depending on the judge’s ruling, it’s possible both parents could share joint physical and legal custody to varying degrees.
Custody Splits
Joint custody means both parents have a say in the child rearing decisions. They can share time and visitation as well as financial responsibility to ensure the children have food, shelter etc. Custody decisions get made based on both parties having significant time periods with the children in question. It’s possible for a joint custody decision to award 70 percent of physical time with one parent and 30 percent to the other, perhaps due to the age of the children, job restrictions of one parent or other circumstances which make sense to have the children reside primarily with one parent. While obviously unequal, the parents still share joint custody and make decisions together as to their children’s health, education, and other decision-making. In general, the courts favor joint custody, and often parents do as well, recognizing the importance that both parents be a part of their children’s lives.
If one parent is deemed to be unfit than legal custody may be awarded solely to one parent.
Let Us Help
Need help with your custody hearing? Not sure how to start? Let the experts at Jacobson & Jacobson PLLC use their knowledge and skills to help you get the best outcome for you hearing.