Child Custody and Modification of Custody in Idaho

When children are involved in disputes between parents, there are many elements that you should be aware of. If you need help, we can help you resolve these issues.

Child Custody and Visitation

Determining who will have custody of minor children of the relationship is one of the hardest issues that must be decided when a marriage ends. Ideally, the parents are making the determination. However, often parents cannot agree on who should have custody and visitation with the child or children. When this occurs, there are various means in place to try to resolve these questions. One such method is mediation, where the parties meet with a neutral third party mediator to help come to an agreement. All parties will look at what is in the best interests of the child or children. The factors to determine the best interests are set out in Idaho Code 32-717.

Child Support

A frequently asked question in divorce is who will pay child support and how much will be paid. Child support is determined by the Idaho Child Support Guidelines, found in the Idaho Rules of Civil Procedure, Rule 6(c)(6). The Guidelines set forth criteria to determine how much child support should be set and take into account factors such as the custody and visitation arrangements and the income of both parents. One of the principles which are set forth in the guidelines is that both parents are legally responsible for supporting their children. Therefore, rarely will parents be income ever be set at zero and unemployed or underemployed parents may have income “imputed” to them to determine what their child support obligation should be.

Modification

Many parents seek to change a custody order or child support order. Sometimes this question comes up shortly after an order has been entered. A child custody order or child support order can be modified when there is a substantial and material change of circumstances has occurred. Determining what is a substantial and material change of circumstance is not always straightforward and can be a costly undertaking. We can help make the determination whether to seek a modification of your order.