Child Custody Issues
Child Custody is a major issue involved in divorce law in Idaho. As a Boise Divorce Attorney I see a range of child custody issues. These issues range from which parent will have primary physical custody to whether Idaho can exercise jurisdiction over a child who is not living in the state of Idaho.
Child Custody Across State Lines
The custody of children who don't live in Idaho is regulated by the Uniform Child Custody Jurisdiction Act. This is a law that has been adopted by all 50 states. It looks at several factors to determine whether a state can exercise jurisdiction over a child who does not live in a particular state.
There are three basic scenarios that I see regularly. Firstly, when a child has lived in Idaho and it is their home state. One parent moves out of state with the child. The parent who remained in Idaho can assert that Idaho has jurisdiction over the child and therefore Idaho should hear the custody case. The second situation is when a family has resided in a state other than Idaho. They move to Idaho as a family. After a short period of time one parent moves back to the original state where the family lived. This is a tougher situation. The question Idaho has to address is, "had Idaho become the child's home state?" To determine this, a court will look at relationships to the state. If the child wasn't "established" in Idaho (school, doctor, friends, family, relationships) then Idaho will have a difficult time establishing jurisdiction and the other state may assert it's jurisdiction over the child. The third situation results in complete lack of jurisdiction in Idaho. If a child has never lived in Idaho but a parent does, that parent cannot ask Idaho to establish custody there. They must return to the child's home state.
In all these situations, you can seek a divorce in Idaho if you have lived here for a period of time greater than six weeks. However, even though Idaho will grant you a divorce the Idaho court may "bifurcate" your case. That means that if your property is not located here and/or your children are not located here, the court will not hear that portion of your divorce. Often people who need to get divorced fast, say to get remarried, choose this option.
If you are seeking a divorce or child custody and need to speak to a Boise Divorce Attorney, give us a call, 208-472-2383. You will be glad you did.
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