We understand that children come first. As an Idaho Falls family lawyer, we have effectively resolved all types of child custody matters, both amicably and through contested litigation. Every custody matter is different, and each is an extremely important decision regarding your child’s future and your future with your child. Pendlebury Law Office, PA is dedicated to assisting you in this vitally important and oft times difficult process.
Types of Child Custody in Idaho Falls
When handling child custody matters in Idaho Falls, it is important to know the different types of custody that are referred to. These include the following terms:
“Physical Custody” determines which parent the children live with, and for how long.
“Legal Custody” is the ability of a parent or both parents to make important decisions for their children such as their religion, healthcare, or education.
“Sole Custody” is where one parent receives all of the physical custody, legal custody, or both. The other parent may still allowed to visit the child but does not have any custodial rights.
“Joint Legal Custody” means both parents have legal custody, though at times the Courts may need to intervene if there is disagreement between the parties.
“Joint Physical Custody” is where the children of the parents split their time living with both parents. This need not be in exactly equal time portions.
If the parties cannot agree on custody matters, the court decides who will have custody of the children and what type of custody works best. There are many components that play into the decision. The overriding concern for the Court is determining the child’s “best interest”. One main factor in this decision is determining who the child’s primary caretaker has been, and what impact any changes will have on the minor child. Other elements that may play into the court’s decision are the culture of the parents, the relationship the children have with each parent (and the family that the child will be living with), physical and mental health of the parents, any history of the parents have of physical or drug abuse or criminal behavior, and any other concerns that may affect a child’s development and well-being.
Like divorce and other legal matters, child custody cases are different in every state due to the different laws. We will be sure to help you understand what rules and procedures apply in Idaho Falls family law, and be with you every step of the way during the legal process.