Divorce is hard on everyone involved, especially children. At Hardee, Piñol & Kracke, PLLC our attorneys understand the complexities of custody disputes and are committed to coming to a resolution that fits the needs of your family. Custody arrangements should reflect the best interest of the children and an experienced attorney will ensure that happens.
Types of Custody in Idaho
In the state of Idaho, there are two forms of child custody: physical and legal. Physical refers to the daily care of a child, and legal refers to the larger decisions such as medical care, education, and religion. Custody may also be defined as joint or primary depending on the situation. Many factors are considered when determining child custody including the parents’ wishes, the child’s wishes, the physical and mental well-being of the parents, living accommodations, and more.
Section 32-717B defines joint custody as a (1)“order awarding custody of a minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with both parents. The court may award either joint physical custody or joint legal custody or both between the parents or parties as the court determines is for the best interests of the minor child or children. If the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of joint custody”.
(2) “Joint physical custody means an order awarding each of the parents significant periods of time in which a child resides with or is under the care and supervision of each of the parents or parties. Joint physical custody shall be shared by the parents in such a way to assure the child frequent and continuing contact with both parents but does not necessarily mean the child’s time with each parent should be exactly the same in length nor does it necessarily mean the child should be alternating back and forth over certain periods of time between each parent. The actual amount of time with each parent shall be determined by the court.”
(3) “Joint legal custody means a judicial determination that the parents or parties are required to share the decision-making rights, responsibilities, and authority relating to the health, education and general welfare of a child or children”.
(4) “Except as provided in subsection (5), of this section, absent a preponderance of the evidence to the contrary, there shall be a presumption that joint custody is in the best interests of a minor child or children”.
(5) “There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the parents is found to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho Code”.
The Best Interest of the Child: Child Custody Agreements in Idaho
Idaho Code 32-717 Custody of Children – Best Interest
- In action for divorce, the Court may, before and after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The Court shall consider all relevant factors which may include:
- The wishes of the child’s parent or parents as to his/her custody;
- The wishes of the child as to his/her custodian;
- The interaction and interrelationship of the child with his/her parent or parents, and his/her siblings;
- The child’s adjustment to his/her home, school, and community;
- The mental and physical health and integrity of all individuals involved;
- The need to promote continuity and stability in the life of the child; and
- Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.
Our attorneys at Hardee, Piñol & Kracke, PLLC will work tirelessly to ensure your children obtain a custody schedule that’s in the best interest of your children.