BOISE CHILD CUSTODY attorney

 

Child Custody is an issue that comes around in several situations. First, the initial child custody determination may arise when two people are not married, but must decide how they will share custody of the child that they have between them. Second, the issue arises when two people are getting divorced. In this situation, the parties must decide how the divide custody between them after they have been caring for the minor children together. Third, the issue arises after an initial custody arrangement has been put in place, but there have been major changes in either parent's life that would justify changing the custody arrangement for the best interests of the minor child.

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Child Custody agreement

When a couple are going through a divorce, the parties must either come to an agreement on how they will share legal and physical custody of the minor children. During this process, if the parties do not agree, there are several options that may aid in the determination. First, they may go to mediation to see if a neutral third party can help the two sort out their issues and come to an agreed upon custody arrangement. Second, they can request a parenting time evaluation. This is where either the parties stipulate on an evaluator, or the court will appoint an evaluator, to meet with parties and the children, assess the overall situation, and prepare a formal opinion for the parties and the court to aid in the evaluation of what is in the best interests of the minor children. Third, in the appropriate circumstances, the parties may ask the court to independently meet with the minor child or children to ask relevant questions related to the custody arrangement.

Although the above mentioned avenues are available to the parties, the question that must be answered is "what is the in the best interests of the child or children." When answering this question, you must look at all the factors surrounding the parents, the parent's home, and the children. However, the court will specifically look at the following statutory factors:

  • The wishes of the child’s parent or parents as to his or her custody;
  • The wishes of the child as to his or her custodian;
  • The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
  • The child’s adjustment to his or her home, school, and community;
  • The character and circumstances of all individuals involved;
  • The need to promote continuity and stability in the life of the child; and
  • Domestic violence, whether or not in the presence of the child or children at issue.

If you are in need of a Boise Child Custody Attorney, contact us to see what your options are and the best path forward.

Child Custody is an issue that comes around in several situations. First, the initial child custody determination may arise when two people are not married, but must decide how they will share custody of the child that they have between them. Second, the issue arises when two people are getting divorced. In this situation, the parties must decide how the divide custody between them after they have been caring for the minor children together. Third, the issue arises after an initial custody arrangement has been put in place, but there have been major changes in either parent's life that would justify changing the custody arrangement for the best interests of the minor child.

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