Boise Child Custody Attorneys

Q: Can custody orders be changed after a Boise divorce?

Yes, absolutely. A child custody order or agreement is never truly final until the child becomes an adult. Either parent can request modification if there’s a material, ongoing change affecting the child’s welfare. In Ada County, judges review evidence such as relocation, new schedules, or behavioral issues before granting changes. The best interests of the child remain the key factor.

Q: Does Idaho law favor mothers in Boise custody cases?

No. That is a common misconception based on antiquated views. Idaho law is gender-neutral under Idaho Code § 32-717B. In Boise, courts focus on parental conduct and caregiving ability, not gender. Either parent can be awarded primary or joint custody based on the child’s needs. Neither the mother nor the father has any stronger custody rights.

We Provide Solutions-Focused Child Custody Representation in Boise

Are you a divorced or separated parent? If so, you may have a lot of questions about how to navigate a child custody case. As the oldest and largest law firm in Meridian, Idaho, Foley Freeman has helped many southern Idaho clients successfully navigate the divorce process. Child custody can be one of the most difficult matters to work through and resolve upon divorce, but a child custody lawyer from our firm can help ensure that your children’s interests and your rights are protected. If you have any specific questions or concerns about child custody, we are here as a resource. Contact us today for a fully confidential consultation with a top-tier Boise child custody attorney.

Experienced Legal Representation for Child Custody Cases

When you need a child custody lawyer, you deserve attorneys who understand what’s at stake. Our law firm provides legal representation for parents facing custody disputes, visitation issues, and paternity matters. We know that your child’s future depends on the decisions made during this process. Our team is prepared to advocate for your parental rights and help you achieve the best possible outcome for your family.

Custody cases can involve complex circumstances that require careful attention. Whether you’re establishing custody after separation, modifying an existing order, or dealing with disputes about visitation, our lawyers provide the guidance you need. We take time to understand your situation and develop strategies that focus on protecting your relationship with your child. Schedule a phone consultation to discuss your case with our dedicated team.

Many parents wonder what to expect during custody proceedings. Our attorneys explain the process clearly and help you prepare for what lies ahead. From gathering evidence to representing you in court or mediation, we handle every aspect of your case. Our law firm is committed to providing compassionate support while fighting for your rights as a parent.

Factors Used to Determine Child Custody in Idaho

Idaho courts make child custody decisions based on a child’s best interests. Factors weighed to determine a child’s best interests include:

The desires of the parents
The desires of the child
The interaction or relationship of the child to his or her parents and his or her siblings
The child’s adjustment to his or her home, school, and community
The character and circumstances of all individuals involved
The need to promote continuity and stability in the child’s life
Any history of domestic violence, particularly if it was committed in the presence of the child

While a court will determine child custody when necessary, parents are encouraged to work out their own custody agreements for the court’s approval. Parents often feel more satisfied with negotiated custody agreements than if the decision is made solely by the court, and courts want families to enjoy custody arrangements that are both successful and fair.

Our family law attorneys have helped many clients obtain favorable custody arrangements in as many unique situations, from the most amicable to the most contentious divorce.

Working Through Custody Disputes With Mediation

Mediation offers parents a way to resolve custody disputes without going to court. This process allows both parents to discuss their concerns and work toward agreements that serve their child’s best interests. A trained mediator helps facilitate conversations about visitation schedules, decision-making authority, and other important matters. Mediation can reduce conflict and help parents maintain a better relationship with each other and their children.

Our attorneys support clients through mediation sessions and help them prepare for productive discussions. Many custody cases are resolved through mediation, which saves time and reduces the emotional stress of litigation. When parents can agree on custody arrangements through mediation, children benefit from seeing their parents work together. Our lawyer team can advocate for your interests during mediation while helping you stay focused on your child’s wellbeing.

If mediation doesn’t result in an agreement, our attorneys are prepared to represent you in court. We handle both collaborative approaches and aggressive litigation when necessary. Whether through mediation or court proceedings, our goal is to help you achieve custody arrangements that protect your parental rights and serve your child’s future.

Custody Arrangements in Idaho

Idaho law distinguishes between legal and physical custody when making and approving child custody arrangements. Legal custody refers to decision-making rights, responsibilities, and authority relating to a child’s health, education, and general welfare, and physical custody refers to where a child will reside. A court may award joint legal custody, joint physical custody, or both based on the needs of the child and the capabilities of the parents.

Idaho courts operate on a presumption that joint custody is in a child’s best interests unless there is a history of domestic violence in the family. Joint physical custody does not necessarily mean that the child must spend equal amounts of time with each parent, but rather that each parent is awarded significant periods of time during which the child is in the parent’s care and supervision.

STABILITY IS AN IMPORTANT FACTOR IN SHARED CUSTODY CASES

In shared custody situations, a visitation schedule outlines how time will be divided between the parents. In most cases, there will be a custodial parent and a non-custodial parent to create and maintain stability for the child. Court-ordered visitation plans generally allow the non-custodial parent to spend every other weekend as well as some weekdays and certain holidays with the child, but parents can submit other visitation arrangements for the court’s approval.

Understanding Full Custody and Sole Custody Options

Some circumstances warrant full custody being awarded to one parent. Full custody means one parent has both legal and physical custody of the child. This arrangement might be necessary when one parent poses a risk to the child’s safety or wellbeing. Courts consider factors like substance abuse, domestic violence, or a parent’s inability to care for the child when deciding whether to grant full custody.

Parents seeking full custody must provide evidence supporting their case. Our child custody lawyer team helps clients gather documentation, witness statements, and other evidence needed to demonstrate why full custody serves the child’s best interests. We understand that requesting full custody is a serious matter that requires thorough preparation and strong legal representation.

Even when one parent has full custody, the other parent may still have visitation rights. Courts typically want children to maintain relationships with both parents when it’s safe and appropriate. Our attorneys can help you understand how full custody differs from joint custody and what to expect if you’re pursuing this arrangement. Your child’s safety and wellbeing are always the top priority.

WHY RELY ON OUR BOISE CHILD SUPPORT LAWYER FOR HELP

As a parent in Boise, there is nothing that should come between you and your relationship with your child. At Foley Freeman, PLLC, we know that child custody cases can be challenging to navigate. A lot of difficult questions can arise. We are here to work with you each and every step of the way. You can learn more about the firm and contact us directly with specific questions. Along with other things, our Boise child support attorney is ready to:

Hear what you have to say and answer your child custody questions;
Help you gather the evidence/information you need to support your case;
Represent you in any custody/visitation settlement talks with your co-parent; and
Develop a personalized strategy designed to help you get the best possible outcome.

Our dedicated lawyers understand that custody battles can affect your entire family. Your spouse or former partner may have different views about what’s best for your children. Our attorneys work to protect your rights while keeping the focus on your child’s needs. We provide the guidance and support you need during this difficult time.

Whether you need to file a new custody petition, modify an existing order, or enforce visitation rights, we can help. Our law firm has the experience to handle complex custody matters involving siblings, relocation, and changing circumstances. Contact us for a phone consultation to discuss your case and learn how we can advocate for you and your children.

CHILD CUSTODY IN BOISE: FREQUENTLY ASKED QUESTIONS (FAQs)

How do courts in Idaho make decisions in child custody cases?

What is best for the child is the highest priority. Idaho courts apply the “best interests of the child” standard. Judges in Boise consider factors like each parent’s relationship with the child, stability, and ability to meet emotional and physical needs. No single factor controls the outcome. Instead, the totality of the circumstances are what matter.

What is the difference between legal and physical custody in Boise?

Legal custody gives parents decision-making authority over education, health care, and religion. Physical custody determines where the child primarily lives. There is a presumption in Idaho that shared legal custody is inherently in the best interests of the child. However, sole custody is possible. Physical custody may also be shared. Though, one parent being awarded primary physical custody is more common than one being awarded primary legal custody.

Can custody orders be changed after a Boise divorce?

Yes, absolutely. A child custody order/agreement is never truly “final” until the child becomes an adult. Either parent can request modification if there’s a material, ongoing change affecting the child’s welfare. In Ada County, judges review evidence such as relocation, new schedules, or behavioral issues before granting changes. The best interests of the child remain the key factor.

Does Idaho law favor mothers in Boise custody cases?

No. That is a common misconception that is based on antiquated views. Idaho law is gender-neutral under Idaho Code § 32-717B. In Boise, courts focus on parental conduct and caregiving ability, not gender. Either parent can be awarded primary or joint custody based on the child’s needs. Neither the mother nor the father has any strong custody rights.

Seek Advice & Counsel from a Knowledgeable Child Custody Lawyer

If you live in the Boise area and have a child custody concern, the attorneys at Foley Freeman can provide the answers and representation you need to achieve a positive result for you and your children. Please contact our offices to schedule a consultation with an experienced Idaho lawyer.

Our law firm will take the time to understand your unique situation and offer advice and options tailored to your needs and those of your family. We handle child custody cases in Boise, Ada County, and throughout the surrounding region in Southern Idaho.

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