Boise Divorce Attorneys and Military Deployment

Boise Divorce Attorneys are often asked the question of what happens to custody and visitation when one parent is in the military and is deployed. There first concern tends to be that they will lose their visitation or custody rights established by the Idaho Court.

Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.

As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.

Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.

Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.

As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.

If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383