Divorce and the breakdown of a relationship are never easy, and the stress and pain can be exacerbated when there are children involved – this makes things more emotional, raises the stakes and can snap relationships that are already hanging by a thread. If you are facing a child custody dispute, it is crucial that you have the right team by your side to help advocate for you and your family and ensure that the best outcome is received for everyone involved.
What Is Child Custody?
Under Idaho law, child custody is the guardianship over a child and may be awarded as sole custody – where one parent is assigned guardianship – or joint custody – where guardianship is split between two parents. In some cases, a child custody arrangement may be uncontested, and this is an ideal outcome, allowing the agreement to be arranged civilly between parents. In some cases, however, conflict and dispute may arise, and a contested custody agreement will need to be resolved using a court order.
There are two main elements to child custody: legal and physical. As the names suggest, legal custody determines who will have the legal right to make parenting decisions regarding the child, including which school they attend, their religion and any services to be attended, and where medical care and treatment are received.
Physical custody, on the other hand, determines where the child in question lives and is usually used to refer to which house the child is staying in at night. In any custody arrangement, the visitation schedule will also need to be arranged to allow the non-resident parent access to the child.
How Will A Judge Determine Custody?
In contested situations, the decisions regarding custody will be made by a judge. Here, there are a number of factors and considerations to be taken into account before a decision is made, and these include:
- The wishes of each parent regarding custody – in some cases, a parent may be happy to relinquish custody or have reduced access.
- The wishes of the child provided that the judge or court deems them to be mature enough to make this decision and have a say.
- The existing relationship between the child and each parent, and with any siblings that may also be considered
- The relationship and connection that the child has to their existing home, school, and local community
- The personal character and individual characteristics of all parties and individuals involved in the dispute
- The need to promote stability and continuity for the child
- The physical location of each parent – is one parent planning to move far away, for example?
- Any examples or history of domestic violence as set out and defined by the Idaho Code.
Types of Custody
When it comes to a custody arrangement, there are two options that may be determined by a judge: joint custody, and sole custody.
- Joint Custody
As the name suggests, joint custody determines that both parents are equally responsible for their child, and this may be divided into joint legal custody and joint physical custody. In some cases, a judge may assign sole physical custody, but joint legal custody, particularly if the parents live far apart from each other.
With joint legal custody, both parents are responsible for determining their child’s medical care, schooling, extra activities, religion, and so on, while joint physical custody means that both parents share the responsibility of caring for their children. It is important to note that a joint custody arrangement will not automatically be 50/50 – the judge will set a schedule that is in the best interests of the child.
- Sole Custody
When sole legal custody is assigned, just one parent has the right to make all of the relevant legal decisions, and sole physical custody means that the child will reside with just one parent – the non-resident parent will have no access to their child. Sole custody arrangements are usually assigned where there is a history of abuse or a risk that one parent will try to kidnap or endanger the children.
Parenting Plans
The custody order may also be referred to as a “parenting plan” – this is a clear outline setting out exactly when a child will be with each parent and may include accommodations for holidays, vacations, long weekends, and so on. Each parenting plan or custody order will look slightly different, with some offering a 50/50 split, and others setting out a weekly plan, or an agreement where the child sees one parent during long vacations.
Parenting plans can and do change, and as long as both parents are in agreement, these adjustments can be made without the need to involve the court. This can occur in situations where time has had a chance to take the sting out of the situation, and both parents find themselves more civil and amicable following the trauma of the initial split.
Get In Touch
Child custody battles can be a real challenge, and it is easy to feel overwhelmed, or unsure about where to start, Here is where we can take the load from you: our experienced team has the skills and expertise to walk you through every step, and ensure that you receive the best possible outcome for the benefit of your family.
