The primary focus on any child custody case is to ensure that the interests of the child are considered to be paramount when determining which parent will be given the task of caring for the child. Under ideal circumstances child custody in Idaho is shared equally between both parents. There are a number of factors that the court takes into account in determining which parent will be chosen, these factors include such things as the history of child care, any evidence of physical or emotional abuse or any evidence of alcohol or drug abuse. There are three types of child custody arrangements that the court can consider; sole custody, principal residential custody and joint custody.
When on parent is in a position to care for the child and the other is not the court will award sole custody to the parent who shows they are in a position to provide proper care. The financial status of the parents are not normally taken into account when a determination is made that includes provisions that restrict contact between the child in question and the parent. Once one parent is granted sole custody the other parent is normally stripped of all rights and responsibilities, unless otherwise stated by the court, the ties between parent and child are broken.
There must be a compelling reason for the court to order sole custodial rights to one parent or the other. In the event one parent can provide irrevocable proof that the other parent abuses the child, is a drug addict or an alcoholic or would in some other manner harm the child there is a chance that the judge would see the wisdom in granting sole custody. Even if these and other factors are in evidence, the judge in the case will still exhibit extreme caution in ruling sole custody.
Primary physical custody is when physical custody is grated to one parent but both parents are involved in the raising of the child. In this type of custody arrangement the non-custodial parent will provide child support which is an amount of money needed by the custodial parent to raise the child with assistance with the day to day costs of raising the child.
Joint custody refers to the physical sharing of the child. In this type of child custody in Idaho the child may live with the parents on alternative weeks or some other arrangement that does not interfere with the child’s education and after school activities. The expenses of raising the child are usually shared equally as long as the income of each parent is somewhat similar.
Child custody in Idaho is an integral part of divorce proceedings. In the event you are a parent about to face a divorce you may need legal assistance, if so you are invited to contact Finch O’Neil Law Office, P.A.
