As any parent will attest, there are certain areas where a child should not have complete authority. Custody is only one example. The court may consider the child’s custodial preference, although it is more often than not to keep the child safe than to grant the child’s wish. When determining custody, it is more weighty to take a child’s desire to live with one parent into account if the child can clearly make an informed decision. Make sure to contact an attorney before making any decisions.

The Idaho System of Physical and Legal Custody

Physical and legal custody are both recognized under Idaho law when it comes to children. Custody can be shared between parents or solely granted to one parent. Ultimately, the custody arrangement decision will be based on what is best for your child.

A parent’s “physical custody” of their child includes the residence. Significant time is spent with the child by the parent who has physical custody. Although parents may have shared custody, that does not mean they will spend equal time with their children. The number of overnights a week can be three for one parent and four for the other.

With “legal custody” comes the authority to make important life choices on behalf of a kid. A child’s legal guardians have the power to choose their educational and medical institutions, as well as their religious upbringing.

Legal custody is best shared between parents in the majority of circumstances.

Gaining Full Custody in the Treasure Valley

In a custody battle, one parent can “win” if it is obvious that giving them sole custody is what is best for the kid. 

A judge will step in to make a custody determination when parents are unable to come to an agreement on how to divide and share the care and maintenance of their children. When parents are able to agree, the process is smooth.

The following considerations are made by Idaho judges when deciding what is best for a child:

• the parenting preferences of both parents
• the dynamics between each parent and the child’s siblings
• what the kid wants
• every parent’s emotional and physical well-being, with parental fitness
• How well each parent can provide for their child’s material, psychological, and emotional requirements on a daily basis
• adjusting to the child’s new school and community
• the level of domestic violence experienced by each parent
• youngster’s requirement for security and
• whatever other consideration that the court finds essential.