Boise Divorce Attorneys Role in Custody Matters

What role does a divorce lawyer play in a custody proceeding? The answer to that lies in what type of custody situation you are in. In Boise custody cases follow a fairly routine pattern. Once the divorce is initiated one attorney or the other, and at times both attorneys, will motion for temporary orders. Temporary orders are put into place to provide a consistent custody and visitation schedule during the divorce. Thereafter the parties are generally ordered to mediation.

While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.

Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.

Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.

Boise Divorce Attorneys Discussess Temporary Orders

As a Boise Divorce Attorney clients often ask me about temporary orders. Specifically, people often ask if they can ask for something different than what they already have. Custody and visitation, for example, are a big area where parties to a divorce seek to establish an order giving them better visitation or more custody than the status quo. If you are a parent who has stayed at home with your child and you have provided the daily care of that child, of course that is what you would ask for in temporary orders. In the converse, the other party might want to take the opportunity to bring up past issues of things like anger, or laziness or the like, to try to get more visitation.

Judges do not like this. In general, temporary orders will preserve the status quo. If you bring up an argument such as you fear for the children because of the other parent's anger, but that parent has had those anger issues all along, the judge will see your desire to change the status quo as an act done in spite.

Child custody and the determination of it has so much to do with stability and continuity. Judges do not like to mess with stability and continuity in child custody cases.

If you are seeking a divorce or child custody and you need to speak to a Boise Divorce Attorney
please call, (208) 472-2383 or visit us at www.lawboiseid.com or www.divorceboiseid.com

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.

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 www.lawboiseid.com or www.divorceboiseid.com

Child Custody and National Guard Service

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

Boise Divorce Attorney Discusses Child Custody and Father's Rights

As a Boise Divorce Attorney I have seen Child Custody change over the years. When I began to practice there was a definite preference for moms being the custodial parents. The premise was that women are more nurturing and "loving" because they are women. While there haven't been huge leaps away from this concept the idea that children can and do fare well with their fathers as custodial parents has moved to the forefront. Some Idaho judges actually use the Idaho Code criteria for placement of children and consider factors like stability as being a separate issue from the gender of the parent.

As a Boise Divorce Attorney I have seen this result in primary physical custody being placed with fathers rather than mothers. This, however, isn't the norm. If you have a mom who is really out there: a mom who does drugs or parties too hard and a dad who is mellow and law abiding and responsible you might end up with that dad as the custodial parent.

The general trend, however, still places young children with moms as the primary physical custodian. As the child gets older and begins school, this child custody arrangement often changes to shared physical custody as long as there is a fairly close proximity of the parents' households.

If you need more information about child custody from a Boise Divorce attorney please visit, www.lawboiseid.com or www.divorceboiseid.com

Military Divorce, Child Custody and Child Support Issues - Important Consideration for a Boise Divorce Attorney

As a practicing Boise Divorce Attorney it is important to keep up on changes in the law in relation to Divorce, Child Custody and Child Support issues in relation to military divorce.

For both active and non-active members of the military, the military pension is a good example of repeated change in divorce law. The law has gone back and forth on this issue. At certain times the military pension was regarded as a non- community property asset. That changed giving military spouses a community property interest in the other party's pension.

In 1982 the Uniformed Services Former Spouses' Protection Act limiting the amount of the member’s retired pay which can be paid to a former spouse to 50% of the member’s disposable retired pay (gross retired pay less authorized deductions. It also required that the parties must have been married for at least 10 years while the member performed at least 10 years of active duty service before a division of retired pay is enforceable and it specified how an award of military retired pay must be expressed. In addition it required that the former spouse actually take the step to actually submit a copy of the divorce decree and order for division of military retirement within 90 days in order for the request to be processed.

As a Boise Divorce Attorney who has done military divorces, I have personally experienced the various difference between a military and a civilian divorce. A few examples of the difference are: An active member of the military must be served with the divorce complaint personally. Also, an active member of the military has the option of asking, and it is in the Idaho court's discretion to grant it, that the proceedings be delayed for the entire term of the military personnel's duty and for up to 60 days thereafter.

As a Boise Divorce Attorney, I have seen the differences in child custody and child support as they relate to military divorce as well. Child support cannot exceed 60% of the service person's pay and allowances. The same goes for spousal support. As far as child custody in a military divorce, the courts must look heavily at the consistency and stability element of child custody determination because of the possibility of the military move. This often translates into longer summer visitation rather than frequent weekly visitation depending upon where the non-custodial parent resides.

If you have military divorce issues it is important to find a Boise Divorce attorney who knows the ins and outs of military divorce. For more information on divorce, please visit www.lawboiseid.com and www.divorceboiseid.com where you can find detailed information on divorce as well as contact information.

Boise Divorce Attorney Discusses Child Custody in Ada v Canyon County

As a Boise Divorce Attorney I have seen the law concerning child custody change over the years and in various venues.

It used to be that in Boise and Ada County judges would use home studies to determine child custody issues. The fitness of the respective parties was determined by the use of this tool. The divorce lawyers would get together and choose one of a handful of psychologists who would then put the parties through a series of tests and questions and then make a recommendation as to who should have primary physical child custody and what type of visitation should be allowed.

I have been a Boise Divorce Attorney for 17 years and I can't tell you how that process often made me cringe. You just never really knew what the result would be. Well, in Ada County the judges have decided that that method of determination isn't exactly full-proof and have opted to make child custody determinations differently.

Child custody issues in Canyon County, however, are still highly influenced by the use of home studies. The judges there still believe that these tools are a useful and effective way to determine who should have primary physical custody.

Some of the tests that these psychologists use in influencing judicial decisions concerning child custody issues are personality and IQ tests. They also look at the home and relationships of the parents who are in the middle of divorce. These evaluations are really not hugely different from the criteria that divorce judges in Ada County use to determine child custody. The benefit of the home study is that there is a trained individual who evaluates relevant issues through actually investigation rather than relying on a judge to wade through the evidence provided through the divorce clients or their attorneys.

For more information concerning and child custody in Boise and the surrounding areas visit lawboiseid.com and Kershisnik Law's new growing website, divorceboiseid.com dedicated to divorce, child custody and other family law issues in Idaho

Boise Divorce Attorney Discusses Co-Habitation and its Effect on Property Division, Child Custody and Child Support

As a Boise Divorce Attorney I have seen the law concerning co-habitation change over the years. It used to be that you could decide to live together and share your property and debt and thereby create a common law marriage. Idaho no longer recognizes common law marriage, except that if you formed a common law marriage before January 1, 1996 your marriage is grandfathered in and you are considered married.

I know many an Idaho Lawyer who has been approached by a client who asks, "So what happens if I began living together after January 1, 1996 and my ex and I had a child together and then we decide to split? Well, first of all the issues of child custody and child support pretty much remain the same, whether you were married or not. Child custody will be determined by the factors outlined in the Idaho Code and child support will be set by the Idaho Child Support Guidelines with mandatory withholding and Idaho employment law implications as discussed in a previous blog.

The real question is what happens to the property and the debt. If you were married the property and debt would follow community property laws, but if you were never married community property laws do no apply. The purchase and ownership of the property will be treated as a contractual relationship. Since you probably did not sign any agreement as to how the property would be split if you split, you have to look at the surrounding circumstances. Has one party paid more than the other, thereby giving them a greater interest in the property? Has one party always paid more or have they done so just recently? Was the property purchased as income property or was it purchased for private use? What kind of funds were used to purchase the property? Did the parties take out a loan? Who signed the loan documents? The issues as to whose property it will become would be the same as if two business partners purchased property together. And, of course, even if you split up, you can remain co-owners of the property and never divide it. However, the most likely thing that will occur if you both have paid and used the property is that one party will buy the other party out.

As far as the debt is concerned, you would look to who is obligated on the note. If both parties are, then both parties will remain until it is paid off or one party buys the other out.

Co-habitation sets up some interesting questions as to property and debt issues when there is no marriage to kick in community property laws. But remember, whenever you have a child, child custody and child support are not affected by the lack of marriage. As a Boise Divorce Attorney I see many people who wish they could use those community property laws because it makes the division of property much easier.

For more information concerning divorce, child custody, child support and Idaho employment law as it relates to child support in Idaho please visit www.lawboiseid.com