Types of Child Custody Cases
When thinking about how to fight your child custody case in Idaho, you need to keep in mind that only relevant evidence is admissible. That begs the question of, okay, well what is really relevant in a child custody case. The answer is going to differ depending on whether it is a
- Is this in the midst of a divorce where the court is going to be determining the initial child custody schedule?
- We’re you and the other parent never been married?
- Are you fighting to have a custody order modified to get you more time and/or change the child support amount?
Important Factors in a Child Custody Case in Idaho
Although the overall strategy of the case may vary depending on which of the three case types, the court will always examine the issue based on what is in the best interests of the child. The judge in the case will be the one hearing all the evidence and making the final decision. The judge will review anything that is relevant to the best interests, but the Idaho statute provides the judge with a starting point on what to look at. Idaho Code § 32-717 provides that the court should look 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 as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.
Again, the list above is not an all-inclusive list. The court can still look at any other factors that would be helpful in its determination of what is in your kids’ best interests. Some of the issues that can be raised outside of that list are:
- The child’s mental health status and if there are any concerns, such as increased stress or anxiety, at the other parent’s home;
- If the child has issues regarding his or her academic performance at the other parent’s home;
- If there are other parental figures involved, the court may look into that person’s character such as prior criminal charges, issues with the kids, etc.;
- Whether the other parent intends to move, or already has, to another area that would interfere with the non-moving parents’ parenting time, and if so, what are the effects going to be on the child mentally, academically, financially, etc.
As you can see, whether you are trying to get the custody schedule that you want in a divorce case or a modification case, it can be rather complicated to convince the court to award you what you are requesting. There are a lot of moving parts in any family law case, but when children are involved, that just increases the level of complexity. Not only do you have to have the right evidence, but also must present it to the court in a way to make it admissible.
Contact Us For an Experienced Child Custody Lawyer in Boise
If you are fighting for custody in Idaho, contact us for a consultation. One of the main areas we focus on is getting you more time with your kids and not letting your ex take advantage of you.