When children are involved, whether it be a divorce or a child custody modification, all parties involved need to focus on the best interests of the minor child. We are here to guide you through the process.

Child Custody

In Idaho, like other states, the determination of who gets physical custody of the parties' minor child(ren) revolves around what is in the best interests of the children. Idaho has a statute pointing the courts and the parties to the factors that should be considered when considering what is in the best interest of the child. The court will look at the whole picture, but the court looks specifically at the following 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.

The court gains the information regarding the factors to consider from the testimony of the parties, testimony of other witnesses, and exhibits that the parties introduce at trial or in a motion hearing.

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