As a Boise Divorce attorney I often advise clients about the criteria laid out in the Idaho Code as to how child custody in Idaho is determined and when and how it can be modified. A modification can be sought when there is a permanent and substantial material change in circumstance. An interesting exception to this modification rule exists and pertains to active members of the Idaho National Guard and military reservists.
The exception is this: When an active member of the Idaho National Guard is called to duty or when a military reservist is ordered to active federal service, this does not constitute a substantial or material and permanent change in circumstance. In other words, this is not a basis upon which to seek a modification of a child custody decree, either in terms of physical custody or visitation.
For information regarding divorce, child custody, modification and visitation in Idaho, please visit www.lawboiseid.com or www.divorceboiseid.com
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