Thursday, August 29, 2013

Boise Divorce Attorney 208-472-2383 Child Custody

Across State Lines
As a Boise Divorce Attorney I regularly get calls from individuals who are in the middle of divorce and/or a custody battle.  I field all sorts of questions, but probably one of the top ten questions involves taking children out of state before, after or during a divorce.

Can I Take My Child Out of State?
Whether you can take your child out of state during, before or after a divorce depends in large part on what stage of the process you are in and what an order of the court says about it to you in your particular case. For example, if you are separated and have not even approached the court with divorce papers, you can leave the state of Idaho with your child without any court restraint, just like you could if you and your spouse were still together.  However, that doesn't necessarily mean that it is a great idea to up and leave the state without permission or knowledge of the other parent.  Inevitably, the other party may try to use that against you in a child custody determination and a judge may look at it as a lapse of judgement on your part.

If you have filed divorce papers or have been served divorce papers there will be included in that an order of the court which prohibits you from leaving the state of Idaho with your child for more than 48 hours if you don't have written permission of the other parent.  This joint preliminary injunction also prohibits you from doing other things like squandering community income or destroying community property.

Once your divorce is final you may have the right to leave the state during your periods of custody unless otherwise forbidden by the court and so long as the child is returned to the state in order to effect the other party's exercise of custody or for the child to be present at necessary specific times such as to attend school.

What if I Have a Job in Another State?
Leaving Idaho for gainful employment may be an allowable reason for you to leave the state with your child. However, the above stated rules will still apply.  If you are in the midst of a divorce, you will have to get the ok from the other parent.  If you have already gotten a divorce you may move wherever you want.  One caveat in that regard, however.  If you move with your child, that move must not negatively impact the child or the other parent's visitation and if it does, the other party can motion to modify the child custody decree. And, as stated above, if you haven't filed yet, you can go where you want but remember how the court will look at your move particularly if you move without informing the other parent (which you never want to do because you could face parental kidnapping charges) or getting their permission; even if you have what seems like a justifiable reason such as a new job or neglect or abuse by the other parent.  Also, if you move because of a job, always ask yourself if you could have gotten a comparable job in Idaho where you already live.  Is it necessary for you to leave the state?

If you are seeking a divorce and need to speak to a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you.  You will be glad you did.


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