What We Do Best

Family Law Legal Areas

Family Law

We understand that bringing family questions and issues into court can be a stressful process and we are committed to making this process manageable and painless.

 

It does not matter if you are facing a separation, divorce, child custody dispute, a request for alimony or spousal maintenance, or if child support needs to be established, we will guide and protect you in the process.

 

We know every individual situation is unique and will require a unique solution to take the stress out of it for you.  No one solution works for every household.

 

We will get to know your family and ensure that your family members’ needs are met by the court. We are prepared to assist you with divorce, child custody, child support, guardianships and more.

We know every case is different according to you and your needs and we are ready to be your advocate and your guide.

 

Our attorneys are experienced with the law and court, but we also have families and we are eager to listen and help you to solve any issue you are facing whatever your family situation may be.

Divorce

Divorce is never easy to embark on for anyone no matter what stage you are at. You may be ready to start looking at options for separation or your spouse may have surprised you by indicating that they wish to separate and you are not sure what to do. A difficult occurrence may have left you feeling you have no choice.

 

No matter what has brought you to this point, we are going to get you through this and we will make sure you come out of it ready to move forward. We will protect you and take care of you.

 

We will make sure you know what options are available to you and that you are protected and taken care of throughout the process.

 

We know you will have questions regarding community property, dividing long time marital assets, what items constitute separate property, what to do with a marital home, child support, spousal maintenance, the division of retirement and benefits, business interests, and especially the custody and well-being of any of your children.

 

The list of topics to consider is overwhelming and we will be with you to make sure you are covered and that you can take the process one step at a time.

 

We will help you to resolve issues in the best manner possible to you to make the process easier. If it is possible without compromising your interests, we will help you explore a divorce settlement, we can help you work through a mediator.

 

If you are able to reach an agreement without a court trial, then that will save you some expense and possible difficulty. However, it is still important to have that decision and process reviewed by an attorney to ensure nothing is omitted or left out that will cause you problems down the road and to protect your rights.

 

However, we are fully prepared to fight for your rights and interests at every stage when it is needed. We will take on the burden of protecting your property and your children through negotiation and court proceedings.

 

It is essential to have legal protection to guide you through initial motions and requests to the court, delivering discovery so that you are not penalized and can use your evidence at trial, and to guide you through the rules of evidence and trial when necessary.

 

We have raised families in East Idaho as well, and we know the kinds of challenges that need to be addressed to protect you, to represent you, and to get you through the process and ready to move forward with your life.

blank

Child Custody - Visitation

While child custody and visitation are often a crucial part of any divorce proceeding, it is often the case that it needs to be addressed as its own separate issue for those who are not married but share children.

 

Additionally, your life circumstances may have changed and required you to look into changing an existing order to make it more correct based on what in life has changed since an outdated order.

 

There will be questions on establishing or modifying child support, custody, and visitation and we are here to guide you through that process.

 

We are ready to take emergency action when it is required and can guide you through difficult circumstances which often seem to appear unexpectedly before or after a court order for custody or visitation is in place.

 

We will diligently guide you through the process of beginning a custody arrangement or in changing it when it is needed as we protect you and your children’s well-being.

 

There are two kinds of custody being discussed in any child custody court decision. They are Legal Custody and Physical Custody.

Legal Custody

Legal custody is the right of parents to make important decisions for the raising and welfare of their children.

 

These issues include the children’s physical and mental health, where and how your children are educated, their religious upbringing, and their general welfare.

 

Usually, unless there is good cause, both parents are presumed to be capable of jointly maintaining legal custody for the welfare of the children.

 

With joint legal custody, the parents would have equal say in making some of those broad decisions. However, this shared legal custody can lead to some hold ups as parent can have differing or conflicting parenting styles.

 

These situations can often be negotiated or dealt with specifically, when needed, in a court’s order.

blank

Physical Custody

Physical Custody: Is the more clearly stated parameters for determining when the children will actually stay “physically” with each parent.

 

A judge makes this determination based on the “Best interest of the children” which is defined in Idaho Code § 32-717.

 

The court makes this decision by considering many factors. These factors are what the parents’ wishes are for the children, the stability of the child’s life, friends, school, extended family members, counselors, teachers, and doctors.

 

The court can look at the interaction and relationship of the children with each of their parents, the children’s home and community environment, the character and circumstances of every person involved in the children’s lives, and the need to give the children continuity and stability.

 

Sometimes more weight can be given by a court. The court will put an emphasis on knowledge of domestic violence in a family relationship, or drug and alcohol use in the home.

 

It is vital to speak to an attorney to help you ensure the judge is aware of your circumstances and the care you can offer in your home, and to weight all of the factors the court may look at in making a decision on the best interests of your children. 

blank

Guardianships

There are times unforeseen circumstances lead to another to take on the role of caregiver for a minor child or for someone who is unable to care for themselves. Guardians and Conservator play a vital role in caring for those in need who cannot care for themselves, whether as a minor child or a disabled adult.

 

Guardianships can be crafted depending on the needs of the person to be given the extra assistance and can be a good option for those who are not able to care for themselves. Idaho law actually provides room for grandparents to have visitation and custody with their grandchildren in some circumstances.

 

Additionally, in preserving the best interest of the children, non parent caregivers and custodians may petition for rights as well even when they are not parents to the children.

 

Family situations are incredibly important, and yet they are diverse, and we are committed to helping you find the best solution for the children you love in your life to make sure they are safe and cared for.

Child Support

Child support can be a very contentious topic. It is also vital to your children’s well being to make sure they are cared for as household separate. This separation can be chaotic and it is important to protect your children from the upheaval as necessary household changes take place.

 

Child support calculations are ordered by the judge based on guidelines laid out in the Idaho Rules of Family Law Procedure. Child support is meant to provide for the minor children’s physical needs. The court may deviate from the guidelines, but it rarely does so unless there are circumstances considered in the guidelines which need to be considered.

 

Therefore, it is imperative to make sure you seek counsel with your attorney to weave through your circumstances to make sure you are paid, or that you are paying no more than, the appropriate amount depending on your life circumstances. These guidelines can change depending on the children’s custody arrangement, the parties employment, tax benefits claimed for minor children, and health insurance premiums.

 

Sometimes health insurance, medical bills and costs, and daycare can be worked into child support. Usually, however, they constitute separate payments that are dealt with alongside the child support calculation.

 

Raising a child has expenses that are often diverse and unexpected and child support only captures the foundational portion of what you may face, so dealing with these other expenses is important to establish in your order before they become an issue.

 

Our attorneys are eager to go through your personal home circumstances and finances to make sure you are treated fairly and that your children are protected.  

blank

Modifications

Life happens. When jobs change, a move becomes necessary, one party stops fulfilling their obligations under a custody order or parenting plan, or any one of an infinite number of other possibilities a modification may become necessary.

 

Other reasons could be that there has been a significant change in your wages, you have been remarried, the children have changed as they’ve grown and need a new situation, or there has been an incidence of domestic violence or concern over safety.

 

Our attorneys are ready to help you through that process and to take urgent action if the situation requires it to seek a temporary order while the modification process is taking place. A modification of an order is allowed in Idaho if the judge finds that there has been a substantial and material change in circumstances to justify a change in custody and/or a change to child support.

 

We will address all of your circumstances in ensuring that your modification is properly filed and that it is being done at the right time for you to be successful.

You Deserve Idaho's Best Lawyers

Defending your rights for over 50 years!