Child Custody Lawyer in Eagle, ID
Serving Parents in Eagle, Star, Boise, Meridian & Surrounding Communities
Child custody disputes in Idaho, like in many other states, are often among the most emotionally intense and challenging issues parents must grapple with during a divorce. The stakes are high, as not only is the happiness and well-being of the child at the forefront but also the parental rights and privileges of each parent.
The emotional trauma and personal complexities that accompany these disputes can make them difficult to navigate. Having an experienced attorney to guide you through this process can be invaluable.
At Gem State Family Law, you can work with a highly knowledgeable attorney who has focused his entire career solely on family law. Our child custody attorney can help you understand the law, advocate for your parental interests in negotiations and at trial, and work toward an arrangement that best serves the court’s standard of the child’s best interests while bearing in mind parental rights.
Contact us at (208) 203-7422 to book a confidential consultation with an Eagle child custody attorney.
Child Custody in Idaho
In Idaho, child custody is classified into physical custody and legal custody. Physical custody refers to the actual living arrangements of the child. In contrast, legal custody refers to your right and responsibility to make crucial decisions regarding the child's upbringing, including matters of education, health care, and religious instruction.
Physical custody can be either sole (awarded to one parent only), primary (awarded to one parent primarily with the other parent having visitation rights), or joint (shared by both parents).
Legal custody can be either sole (awarded to one parent) or joint (shared by both parents).
Thus, custody arrangements can include:
- Sole physical custody: One parent is awarded exclusive physical custody of the child, meaning the child lives with them and the other parent has no defined visitation rights. This is very rare.
- Primary physical custody: One parent is awarded physical custody of the child most of the time and the child lives primarily with that parent. The other parent typically has defined visitation rights in this scenario.
- Joint physical custody: Both parents share physical custody of the child, meaning the child spends significant time living with both parents.
- Sole legal custody: One parent is granted exclusive rights to make major decisions regarding the child's upbringing, education, health care, and religious instruction.
- Joint legal custody: Both parents share the rights and responsibilities of making significant decisions regarding the child's upbringing.
Parents are encouraged to develop their own custody arrangements and submit them to the court for approval. This is often preferable, as it allows parents to create a solution tailored to their unique circumstances and their child's specific needs. However, if parents cannot agree on a custody arrangement, they may be required to participate in mediation before the court will step in to decide.
Call us at (208) 203-7422 or contact us online today for legal advice and guidance.
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How Do the Courts Decide Child Custody?
If you and your spouse cannot agree on custody, the courts will determine it for you by reviewing various factors relevant to your case.
These can include but may not be limited to:
- Relationship with each parent: The emotional bond between the child and each parent, as well as each parent's involvement in the child's life, are evaluated.
- Ability to provide: Each parent's capability to meet the child's physical, emotional, and educational needs plays a significant role.
- Home environment stability: The consistency and safety of each parent's home environment contribute to the decision.
- Parents' cooperation: The ability of the parents to cooperate in custody arrangements can significantly influence custody decisions.
- Geographical proximity: The distance between the parents' residences can influence the feasibility of specific custody arrangements.
- History of violence or abuse: Any past instances of parental domestic violence or child abuse are seriously considered and may result in limited, supervised, or denial of custody.
- Continuous care: A history of being the primary caregiver can weigh in favor of a parent.
- Willingness to foster relationship: The court considers each parent’s willingness to encourage a positive and ongoing relationship between the child and the other parent.
- Child's wishes: Depending on the child’s age and maturity, the court may consider the child's preference regarding which parent they want to live with.
Custody & Relocation
Idaho law recognizes the importance of maintaining strong relationships between parents and children. Relocation, or moving out of state, can significantly impact these relationships, especially if one parent has primary physical custody or parents share joint physical custody. If a custodial parent wishes to relocate out of state, they should first provide the noncustodial parent with a written notice of their intent to move.
If contested, the court will determine if the move is in the child’s best interest, considering factors such as the reason for the move, the distance of the move, the impact on the parent-child relationship, and the potential benefit to the child.
Because this is a complex issue, It's crucial to consult with an experienced family law attorney to navigate relocation cases.
Idaho Custody Laws for Unmarried Parents
In Idaho, the custody law for unmarried parents who do not live together is similar to that for divorced parents. The court's primary consideration is always the best interest of the child.
Whether parents were ever married does not factor into this consideration. However, for unmarried parents, establishing legal paternity is a crucial first step. Once paternity is established, the father has the same rights and responsibilities as a married father after a divorce. This includes both custody and child support.
Need Legal Help with Child Custody in Idaho?
At Gem State Family Law, we're committed to providing comprehensive legal assistance to all parents navigating the complexities of child custody disputes. This includes couples in a pending divorce, a post-divorce custody dispute, unmarried parents, and same-sex couples who share children from previous relationships or children conceived through other donors or surrogates.
Our experienced attorneys will guide you through each step, fighting to ensure that your rights are protected and your child’s best interests are prioritized.
Client Testimonials
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"Frank treated my family as if it were his own, tirelessly working to help me in my custody case!"
From the first day I met Frank I knew he was the only choice! Frank treated my family as if it were his own, tirelessly working to help me in my custody case! I feel as if I have not only gained my daughter back in my life but have also gained a family friend for many years to come! If you need someone who is not only hardworking and passionate but also honest caring and attentive toward specific needs and desires in your case then I highly recommend Frank! Thanks, Frank! I have my daughter back because of you!!!
- Richard S. -
"If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt."
If any of my friends are in need of a fantastic family law attorney, I wouldn't hesitate to give them Frank's contact information. From beginning to finish, he was kind, realistic, and prompt with returning phone calls or taking care of anything that needed to be done on my behalf. In addition to his unwavering professionalism, he never hesitated to ease my worries or concerns. If you are looking for an attorney who will aid in making you feel confident, comfortable, and knowledgeable, look no further than Frank Leavitt.
- J.J. -
"Frank is an amazing attorney and will fight for you tooth & nail."
This can be a lengthy review so I'll keep it brief & provide the "need to knows". You need to know: The team is committed to you & your case. Although juggling multiple & various levels of difficulty, court cases, you area always made a priority and handled with the utmost care and respect. Frank is an amazing attorney and will fight for you tooth & nail. Once you two agree on a plan, he will run into a brick wall for you no matter who he has to combat. Frank will always shoot truth and never hype a situation to be what it isn't. I could say more and more, but I think you understand the drift. Not even a question, you should sign on & hire this family team. Frank will be family to me long after my case is resolved. That's the bond we've built. Not to mention, Frank's suit game is impeccable.”
- Padric H. -
"I could not have gone through those proceedings without his advice, knowledge and expertise."
After a lot of research I chose Frank Leavitt to help me with a child custody matter and I am so happy I did. He is wonderful, I felt he represented me expertly; I could not have gone through those proceedings without his advice, knowledge and expertise. Always punctual, kept me abreast of all happenings, always had my back in court.
- Shannon M. -
"I worked with Frank Leavitt and I can't say enough about how excellent he is to work with."
I can't recommend this law firm enough! They handled my issues with total professionalism with great advice. They weather the storm for you so you can keep your blood pressure down. I worked with Frank Leavitt and I can't say enough about how excellent he is to work with. THANK YOU!!!!
- Troy G. -
"Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm."
After filing for my divorce with previous council and not getting the results I was expecting. I came to Leavitt Law Firm and got the best service I could ask for. After relaying my case to Frank. He fixed all the screw-ups my previous attorney failed to achieve. Frank is effecient, honest, and professional. I couldn't ask for a better Law Firm. Thanks, Frank
- Elvin B. -
"Words can’t begin to describe what an amazing job he did in my case."
If you are looking for a family law firm to help with your custody matter, contact Leavitt Law Firm and set up a consultation with Frank Leavitt. Words can’t begin to describe what an amazing job he did in my case. He handled the madness in stride, gave sound advice and was well-versed in the issues at the time of all hearings. He was well prepared for everything. When things hit the fan, I was lucky to have him in my corner. He was kind, compassionate, patient, understanding as an individual and knowledgeable in both facts and law as an attorney. Again, call Frank if you need an attorney for family matters.
- Christopher F. -
"From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!"
I hired Frank Leavitt for my custody case and I am so glad I did! I had gone through horrible attorneys prior, had spent over 20k in attorneys fees before finding him. I wish I had found Frank from the start! He returns all emails and calls, never have to wait more than 24 hours for a response from him. He listens to everything you have to say and is very sincere. He fought hard for me and my children, I can't thank him enough. The staff at Leavitt office is also very kind and attentive, also very clean inside. From someone who has gone through multiple attorneys and spent thousands and thousands, trust me when I say Frank Leavitt is the way to go!!!
- Jasmin L.
