When determining child custody in a divorce involving minor children in Idaho, the law mandates that the court prioritize the children's best interests. The court in Idaho considers two factors while making custody decisions.

"Legal" custody is the first type of custody to be determined by the court. Which parent has the right to make important decisions about the children's upbringing, including their schooling, healthcare, and general well-being, is determined by who has legal custody. Second, the court will evaluate "physical" custody or how much time each parent will spend with the child.

When deciding who will have legal and physical custody of a child during a divorce in Idaho, the courts consider several criteria. Parents must consult with an accomplished family law attorney because of the complexity of divorce and child custody issues.

How do Idaho's Child Custody Laws work?

When making a custody determination under Idaho's divorce law, the court is required to take into account several considerations, including:

• Each parent's desires and proposed parenting schedule;
• The dynamics of the child's relationships with his or her family members, including parents, siblings, and anybody else who may have an impact on the child's best interests;
• the facilitation of the child's transition to any changes in his or her living situation, educational setting, or community;
• everyone's physical and emotional wellness, including any abuse history;
• The prospect of uprooting the kid's primary residence and
• What the kid wants.

Custody Arrangements: Joint vs. Sole

Having "legal" and "physical" custody of a child are two separate but equal responsibilities in Idaho.

When a parent is granted joint legal custody of their kid, they share control over their child's health, education, and welfare decisions with the other parent. In the case of joint legal custody, both parents must reach an agreement on significant choices affecting the kid. This is the case unless a judge provides sole authority over some issues to one parent.

When parents share physical custody, the child will spend significant time (though not necessarily equal) living with each parent.

One parent will have all legal custody rights and responsibilities in a sole legal custody agreement. Similarly, when one parent has sole physical custody, the child will only live with that parent. A non-custodial parent may be granted visitation rights under an agreement providing sole physical custody. The ultimate court order will specify those rights.


Why You Need an Attorney for Child Custody in Idaho

During a divorce, child custody is often a hotly contested topic. Whether your divorce will be amicable or contested, having an experienced divorce attorney at your side will be invaluable. You and your attorney will talk about Idaho's child custody guidelines, any particular circumstances, and how everything fits together.