Where the commencement of a ‘proceeding’ has resulted in a child custody determination, it may be necessary for a parent to seek modification. Similar to initial custody determinations, modifications must also be considered in terms of what is best for the child as outlined in Idaho Code §32-717. However, legal grounds for modification of custody are limited to situations where there is a substantial, material, and unexpected change. In general, any custodial arrangement that causes detriment to a child will serve as ground for modification.
Child Support Modifications are also limited to situations where there is a substantial, material, and unexpected change. This change is usually more tangible because it is demonstrated by a change in income of one or both of the parties.
If you are considering a modification you should consult with an attorney to ensure you have the grounds necessary to change your existing orders.
For custody or child support modifications,
call Davis and Hoskisson, PLLC today.