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Custody issues are routinely litigated in Idaho Courts, but when can you bring a custody issue in an Idaho Court? This is a regular question heard by Boise Divorce Attorneys. You can file for divorce in Idaho after you have resided here for six weeks. Custody, however, is a different issue. You cannot file for custody in Idaho unless the child has resided here for 6 months.
As a Boise Divorce Attorney I often see cases where the parties have lived in a different jurisdiction, they decide to divorce and one party or the other moves to Idaho. They often don't file for divorce until they come to Idaho. So what happens when they move here and want to divorce and have their custody issues heard? They can file for divorce, but they cannot have an Idaho Court hear their custody issues for 6 months. In a sense, this is a bifurcated action.
As a Boise Divorce Attorney, I regularly see people who have left one jurisdiction or the other without the consent of the other parent. So, what happens then? Can the other parent can file for custody, and for divorce in the state where they reside? There is something known as the Uniform Child Custody Act which allows an Idaho Court to throw the custody issues back to the child's home state. But the act also does allow an Idaho Court to exercise jurisdiction if there is an imminent danger to the child. Boise Divorce Lawyers often see this when one parent won't allow another parent to exercise visitation across state lines. Another issue where Boise Divorce Lawyers see the Uniform Child Custody Act in action is when one parent moves to another state with the child without the other parent's permission.
So what happens when one parent moves to Idaho with a child and the other parent has never set foot in Idaho? Does Idaho have jurisdiction over the child? If the parent not residing in Idaho does nothing for 6 months then Idaho can exercise jurisdiction. But, as a Boise Divorce Attorney I would not suggest that you do nothing. There are special rules about jurisdiction and if you have never been to Idaho you will want a Boise Divorce Attorney to file a special appearance for you so that Idaho cannot exercise jurisdiction over you. An analogy for this might be if you committed a crime in state x, you could not be tried in Idaho for that crime because you do not have any contact in Idaho. Any Boise Criminal Lawyer would never allow you to submit yourself to Idaho jurisdiction. Likewise, if you have never been to Idaho, an Idaho Court will not here your custody issue, unless your child has been here for 6 months. So if you don't live in Idaho but a custody action is filed here before the child lives here for 6 months, a Boise Divorce Lawyer will go to court for you to tell the Idaho Court that it does not have control over you. The odd thing is that if you, yourself come to Idaho, then Idaho can exercise jurisdiction over you. Boise Divorce Attorneys facing this issue will inform the court that they do not have jurisdiction over you or the child and therefore the custody issue cannot be heard in Idaho, unless of course there is imminent harm to the child. Just like Boise Criminal Lawyers, Boise Divorce Lawyers want to make certain that you do not subject yourself to jurisdiction when no control is warranted by an Idaho Court.
If you have a custody issue in Idaho or are seeking a divorce in Idaho and you need to speak to a Boise Family Law Lawyer, please call, (208) 472-2383 or visit our website. Here you will find a quick contact form. If you fill it out one of our Boise Divorce Lawyers or Boise Family Law Lawyers will contact you immediately.
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