In the best interests of the child. Idaho's legal system looks to defuse contentious custody cases.
Unmarried parents, blended families, a parent moving here from another state — these issues have made child custody cases more complex to resolve than they were 20 years ago. But the emotionally charged nature of child custody cases in Idaho hasn’t changed. For those who work in the legal system, it’s always a matter of determining what’s best for the child.
Fortunately, most parents are able to set aside their differences to find a fair custody arrangement, said John George, a family law attorney at the firm of Anderson Palmer George, Walsh & Taylor.
“About one third of the parents are on friendly terms and they can work out an agreement,” he said. “The next third of parents are willing to work things out even if they’re mad at each other. The final third are contentious and need a lot more time and attention. I would say less than 15 percent of my cases go to trial.”
Idaho’s Family Court system requires parents going through a divorce to attend a “Focus on the Child” class if they have children under 18 or if they’re modifying an existing custody agreement. The cost is $20 and requires advanced registration.
The workshop includes:
Information and options on how to help your children during this transition.
Hear from a judge regarding options other than litigation for coming to a legal resolution in your case.
Children's reactions to the separation or conflict between the parents via video.
Attachment and developmental issues of children explained by a mental health professional.
Resources: additional parenting classes, mediator lists, etc.
The courts do NOT give legal advice. On the contrary, Kootenai County court employees stress that if a divorce is contested and there are complicated issues — seek legal counsel.
Still there are lots of misperceptions about child custody.
“There are many, but perhaps the most common mistake is the misunderstanding that child custody cases are about the parents' rights,” George said. “Child custody cases are about what is in the best interest of the children, not the parents. Parents who understand that their own best interest is served by putting the interest of their children first, are the best parents, and the best clients.”
Here is George’s advice regarding child custody issues:
What are some challenging factors with child custody?
Cases involving domestic violence, abuse of children, alcohol and/or drug addiction, and significant mental health issues are often very difficult. They may require the involvement of other professionals, law enforcement, criminal proceedings, and/or Child Protective Act proceedings as part of their resolution.
What resources are there for people with child custody issues?
Mediation is a great, cost effective resource for people wanting to resolve their child custody dispute with the other parent. Also, the court assistance office and family court services office at the local district court are good sources of information for people seeking resources regarding family law matters.
What are the steps to establishing child custody?
I would recommend speaking with a lawyer who practices family law about getting the process started. If you cannot afford to hire a lawyer, the Idaho State Bar may be able to refer you to an attorney who may take on the case for a reduced rate or on a pro bono basis. Forms are also available on the Idaho State Judiciary website.
What are common myths people have regarding child custody?
There are many, but the notion that Idaho's presumption of “joint legal and physical custody" means that each parent has a right to 50 percent of the parenting time with their children is probably the most predominant myth.
Does Idaho give preference to mothers or fathers?
No. Every case is factually different. The judge decides the custody case based upon the particular facts of the case, and applies those facts to the factors set forth in Idaho Code Section 32-717 regarding the best interest of children, which is gender neutral . There is an old common law doctrine in Idaho known as the tender years doctrine, which expressed a preference for mothers in custody cases involving infants and toddlers, but it is no longer recognized by the courts.
How does an agreement come together?
There are several different scenarios. The parents themselves may be able to reach an agreement regarding custody of their children and the parenting plan. An agreement may also be reached through the assistance of an Idaho Supreme Court-certified mediator. I am certified as a mediator, for example. The parents' attorneys may also negotiate a resolution through their discussions, or through a settlement conference which the parents attend with their attorneys.
How does a parent change/modify a child custody arrangement if it's not working or is unfair?
To modify a child custody case, the parent requesting the change needs to file a petition (or motion) to modify. This is usually done through the services of an attorney, but forms are available on the Idaho State Judiciary website. In the petition/motion to modify, the parent requesting the change is required to allege and establish that there exists a permanent, material and substantial change in circumstances since the current custody order was established, and that the custody modification requested is in the best interest of the children.
My ex is holding me hostage with my kids by threatening to withhold financial support. What can I do?
If the child support has already been court ordered and the obligated parent is refusing to pay, you may contact Child Support Services and request that your child support be established as an enforcement case. Child Support Services will then begin the process of wage garnishment, income withholding, establishing a lien on the obligated parent's property, etc... The obligated parent's driver's license may also be suspended if they are far enough behind in their support obligation. You may also file a contempt proceeding with the court against the obligated parent, if their failure to pay is willful. Contempt for non-payment of child support is punishable by a maximum of 30 days in jail, a $5,000 fine, or both.
What about grandparents’ rights?
Grandparents’ rights in Idaho are somewhat complex. Idaho has a grandparents visitation statute, but the constitutionality of the statute is a bit vague in light of a U.S. Supreme Court decision from the State of Washington. Grandparents may have better luck when the children have been living with them for a period of time; or where the parents are unfit, the grandparents may be able to become guardians of the children. I would suggest that grandparents wishing to seek custody, visitation, and/or guardianship consult with an attorney who practices family law.
http://courtselfhelp.idaho.gov/
http://www.kcgov.us/departments/districtcourt/family/
For more information: Contact John George at (208) 665-5778.
— Written by Marc Stewart.
Marc Stewart is Director of Sponsored Content for the Coeur d’Alene Press. He can be reached at mstewart@cdapress.com or 208-664-8176, ext. 2011.