Thursday, February 10, 2011

Boise Divorce Attorney Discusses Divorce and Custody

As a Boise Divorce Attorney, I receive regular calls about divorce and custody in Idaho. Every divorce and custody case is different and each have their own unique set of facts. However, there are certain elements that are similar to all divorce and custody cases in Idaho.

One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.

Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.

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