Thursday, December 30, 2010

Boise Divorce Attorney Discusses Custody Across State Lines

As a Boise Divorce Attorney I often get calls from people who live in other jurisdictions and have been served Idaho divorce papers. Here's how the calls go.

"My wife left me with the kids 6 months ago and moved to Idaho. I have visited the kids in Idaho and I thought I was on good terms with my wife and now she just served me with divorce papers. I live in a different state and if we are going to get divorced I want the divorce to take place in my state."

Here's the problem. They generally have waited too long to get the divorce in their home state. What that means is they will have to have the divorce in Idaho. This is because once you have been in the State of Idaho for 6 weeks, Idaho has jurisdiction. This applies to the children in this case as well because in effect by not approaching your home court when your children were taken from your state and by voluntarily visiting your children in Idaho, you have submitted to Idaho jurisdiction for child custody.

This scenario, however, is different if the children are illegally taken from the state as in parental abduction cases. When you know your kids have moved with their mother and you visit them it shows a form of consent.

This isn't necessarily a bad thing, however. You can still get the divorce, you can still resolve child custody, get visitation etc. You, however, cannot make her come back to your state. As a Boise Divorce Attorney I think the main thing that is bad about this is if you aren't the primary physical custodian, visitation becomes a long distance visitation scenario which will be discussed in a subsequent blog.

Sunday, December 26, 2010

Boise Divorce Attorney Gives Tips For Effecting Visitation Change

As a Boise Divorce Attorney I often see routine changes in visitation causing conflict and stress. My role as a counselor is to help ease the transition of visitation between households. A smooth transition helps the children involved in custody swaps and it helps the parents avoid conflict.

As a Boise Divorce Attorney the best tip I can offer is to be timely. If you are dropping off or picking up if everyone is on time there is one less thing to complain about. If something comes up, make certain you phone ahead and let the other parent know what has happened and when you will be there. An occasional tardy is understandable but my second tip
is to not let it become a habit.

As a Boise Divorce Attorney I often hear from clients how they get upset if one parent was supposed to bring clothes, school work or other necessary items for the custody swap. This can cause conflict by placing the other parent in a fix, especially if special clothes were requested or a homework assignment is due. Always be respectful of the other party and their situation. A divorce can create tremendous strain on all parties involved, but spite only serves to make the tension greater.

My fourth tip is to keep schedules unless absolutely unavoidable. If one party or the other is regularly changing how and when things are done, it can cause a great deal of resentment. Resentment leads to stress and further deterioration of your relationship with the other party.

As a Boise Divorce Attorney I offer these tips to help ease the routine swap in custody. Divorce is very difficult for children but when you maintain a consistent routine, you reduce stress and conflict and you are respectful to the other party your children will be less likely to suffer the consequences of divorce.

For more information concerning divorce and custody visit

Wednesday, December 22, 2010

Boise DUI Lawyer Talks About DUI Statistics

As a Boise DUI Lawyer I have spoken frequently about the increase in the number of DUI arrests around the holidays. Interestingly in today's Idaho Statesman, there was an article outlining the numbers for Idaho DUI arrests, crashes and fatalities. In addition, the article discussed the increase in the number of excessive DUI arrests. An excessive DUI is when the BAC of the individual is .20 or higher.

The statistics showed that the number of arrests for driving under the influence in Idaho have increased and the crashes and fatalities have decreased. In 2005 Boise Police and Idaho State Police arrested 9,072 people in Idaho for driving under the influence. There were 1,952 DUI crashes that year and 100 fatalities. By 2009 the number of DUI arrests had increased to 12,327. The number of crashes associated with driving under the influence decreased to 1,567 and the death rate decreased to 65.

While those number represent a decrease in accidents and deaths and an increase in arrests, something disturbing is on the rise. The statistics show that Boise Police and Idaho State Police are steadily increasing the number of individuals they arrest for excessive DUI. Boise Police and Idaho State Police arrested 279 individuals and cited them for excessive DUI in 2006 in Ada County. That number has increased to 384 to date and there are still two weeks of the year left.

As a Boise DUI Lawyer I walk that fine line of excessive DUI with my clients, particularly when they have blown barely a .20. The penalty for excessive DUI is so much greater than a regular driving under the influence charge. While I never condone drinking and driving, it is my responsibility as an Idaho Criminal Attorney to preserve an individual's rights. Because the statistics show that the calibration of breathylzers are not 100% accurate there is always that possibility that an individual arrested for excessive DUI may not have actually had .20 BAC. As a Idaho Criminal Attorney, I would not recommend that you not blow when you are pulled over, but when someone is so close to an excessive DUI a blood draw would give a more accurate BAC. As a Boise DUI Lawyer, I recommend that every excessive DUI charge be challenged at the very minimum on a calibration technicality. I want to stress again, however, that I am in no way advocating driving under the influence. My suggestion to challenge the excessive DUI comes from my role as a defender of your rights. My role as a Boise DUI Lawyer and an Idaho Criminal Attorney is to represent my clients in such a way that they are not convicted of a crime by false evidence or an illegal violation of their rights.

For more information concerning DUI in Idaho visit or call (208) 472-2383.

Monday, December 20, 2010

Boise DUI Lawyer Talks About Holiday DUI

As a Boise DUI Lawyer I see a rise in DUI this time of year. There are a couple of reasons for this. Obviously, the holidays bring more partying and the result is more intoxicated drivers on the roads in Idaho. The other reason is that the police in Idaho are more actively looking for intoxicated drivers. Along with an increase in DUI there is a corresponding increase in DWP. The reason for this is that once you receive a DUI you will have your license suspended. The number of repeat DUI also increases during the holiday. If you have previously had a DUI and you have a suspended license and you drive, if you are pulled over for any driving offense, you will get a DWP in addition to your DUI.

Play it safe and designate a driver. If you get a DUI or DWP, call the experts at Kershisnik Law, (208) 472-2383 or visit us on the web at

Friday, December 17, 2010

Boise Divorce Attorney Talks About Holiday Visitation

As a Boise Divorce Attorney I see people scrambling this time of year, trying to get into Court wanting to modify their holiday visitation schedule, trying to enforce a holiday visitation schedule or trying to establish temporary orders to set a holiday visitation schedule.

Proactive orders are always the best. Meaning, making certain the original divorce and child custody decree set forth specifically what the schedule will be and when and how it can differ. This, sadly, is not usually the case.

As a Boise Divorce Attorney I regularly see people whose ex won't abide by the divorce and child custody decree, or whose ex wants to take an extended vacation during their scheduled time. During the holiday season the closer it gets to Christmas or Thanksgiving the more difficult it is to get before a judge to make changes or to modify a decree.

If you anticipate there is going to be a problem or a change during the holidays it is much easier to get it done early, much like early Christmas shopping. If you wait till the day before, you might have to do your shopping after Christmas!

For more information concerning divorce, child custody, child support, modification and visitation please visit or

Monday, December 13, 2010

Boise Divorce Attorney Discusses Considerations in Default Divorce

Default divorce can be a quick way to get in and out of the divorce court. As a Boise Divorce Attorney I regularly file divorce complaints where the party on the other side fails to respond. With a default divorce you get to take everything that you asked for because the other party did not make an effort to contest anything you put forward.

One important consideration when filing a divorce complaint where child custody will be determined is to always include child support worksheets and income verification when you file the complaint. If a divorce or child custody is contested you can always add those documents at a later point and often the judge will request them. If, however, you file for divorce and you take by default and you have not filed child support worksheets or income verifications, some judges will not allow you to set child support. If that is the case you must return to court and ask for child support to be set. You will not be barred from setting child support, you just will be required to take an additional step. Some judges will allow you, upon default, to set child support, but as a Boise Divorce Attorney I think the best route is to always have the child support worksheets and income verifications in the file to begin with.

For more information concerning divorce, child support and child custody visit

Monday, December 6, 2010

Boise Divorce Attorney Discusses Prenuptial Agreements

As a Boise Divorce Attorney people often ask me about the necessity of a prenuptial agreement. People often think that because Idaho is a community property state they might need a prenup in case they divorce. This is not necessarily the case. Even though Idaho is a community property state, it still recognizes separate property. Property and money you have acquired prior to marriage are your separate property and only become community property if you transmute (change the character by gifting the property) it.

Where a prenuptial agreement is helpful is if you have an large income source from employment, not from a trust or inheritance, and you feel that you would like to protect its character as separate property in case you divorce. You and your future spouse can make an agreement that your income will remain separate property and therefore anything you purchase with the money will also remain separate property.

For more information about divorce in Idaho visit