Custody Issues Prior to Divorce
Obviously it takes some time to get your divorce finalized. So, what do you do as far as custody with your minor children? Custody can be handled either formally or informally.
If you want the court to make a formal statement as to custody or you can't agree, your divorce attorney can file a motion for temporary orders. There is a mini hearing and the judge decides what the visitation schedule will be as well as the custody arrangement. The respective divorce lawyers will present evidence and statements to the judge and based upon this information the judge will decide.
If you are on working terms with the other parent, you can informally agree on what the arrangement will be. You, not the judge, makes the decision as to how visitation and custody will be handled. The problem arises when the parties can't agree and then there is no order to have the court enforce.
Ultimately, the court will decide what the custody arrangement will be. Hopefully, you are able to work out the intricacies with the other parent through mediation so that it is a custody arrangement that will work for both parties. The courts and the attorneys like to see custody worked out in mediation because it leads to less need for modification. You and the other parent know your children and your life style the best so it just makes sense to work out the custody arrangement instead of litigating the issue.
If you have a divorce or custody issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 and make an appointment for your free consultation today.
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