Child custody is generally a proceeding in which legal custody, physical custody, residential care, and/or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear.
Often time parental disputes regarding the custody of child occur long before the parents ever seek legal intervention. However, commencement of custody matters in the legal setting refers to “the filing of the first pleading in a proceeding.”
In other words, a child custody proceeding is commenced when a parent, or prospective parent, files the initial document pertaining to a child with the court.
It is important for parents to understand the differences between (1) rights and obligations, regarding child custody and parenting time, that have been previously established by the court; (2) those that exist by operation of law; and (3) the interaction and impact of each. Generally speaking, the sooner a parent takes legal action, the better their chances are in attaining a favorable outcome.
Paternity is the consideration of rights of a father in cases where the parties were never married, paternity has not been established, and the only undisputed fact is that the mother gave birth to a child. In this scenario, failing to commence a child custody proceeding, can have a number of implications both in regard to financial support, as well as time-sharing and access to the child.
Paternity can be established in three (3) ways in the State of Idaho, voluntary acknowledgment at the time the child is born, DNA testing, or court order. A birth certificate is not a legal finding of paternity in the State of Idaho.
Until a custody schedule is established, you may have no legal authority providing you parenting time with your children. This means you have no way to ensure that the other parent allows you to spend time with your children.
In order to establish a custody schedule you must file an action for paternity (if it has not been established), custody, or both.
The court will enter a custody order that is in the best interest of the minor children as outlined in Idaho Code § 32-717.
Under Idaho Law custody is defined in two (2) ways: legal and physical.
Legal custody is the decision-making rights of each parent.
Physical custody is the actual time each parent shares with their children.
Under Idaho Code § 32-717B there is a presumption that parents should have joint custody of their children. This does not, however, mean that each parent shall have equal time with the children.
This presumption can be overcome if one parent is a habitual perpetrator of domestic violence as defined by Idaho Law.
A child support order may also be entered in your case. In Idaho, child support is based on the income of both parents, the number of overnights the children spend in each of your homes, the cost of insurance for your children, and the division of tax credits.
For custody or paternity case in Boise, Idaho,
call Davis and Hoskisson, PLLC today.