Child Support Modification and Custody Attorney in Idaho
There are a number of reasons why a child custody order or child support order should be modified or changed. At Taylor Law & Mediation PLLC, this can be done all online, and generally speaking, if both parents agree to change the child custody order or parenting plan, it can be done relatively easily by just filing a few forms with the court. If you are looking to modify child custody in Idaho, the following answers might be helpful for your situation.
How do I change my child custody order or parenting plan in Idaho?
You can change your parenting plan or custody order in Idaho by filing a petition to modify a custody or support order. However, there generally must be some change in circumstances for a party to seek a court order to modify an existing parenting plan.
What is a substantial and material change of circumstances?
A substantial and material change of circumstances is a pretty broad term that means there’s been a major change that impacts one or both parents or the child that warrants changing the custody order. The parent who wants to change the current order must prove to the court that the change of circumstances exists and that the change they are seeking is in the children’s best interest as defined by Idaho Code .
What are some examples of a substantial and material change of circumstances?
Some examples include one parent moving to a new state, one parent getting arrested and sentenced to a long-term prison sentence, or a child reaching school age. There’s a lot of things that could be considered a substantial and material change of circumstances, but the overall goal of the court is to avoid parties continuing to litigate a parenting plan just because they don’t like it or it wasn’t favorable to them. Or worse, for the sole purpose of harassing the other parent.
Can I move out of state with my children without the court’s permission?
Maybe. The answer generally depends on what the current parenting plan is and how such a move would impact the children and the current parenting plan. If, for example, a child spends every other week with each parent, one parent likely wouldn’t be able to convince the court to allow them to relocate to a new state with the child. However, if one parent lives in Idaho and the other parent lives in Florida and that parent sees the child every summer and the parent who lives in Idaho decides to move to California, the court would be more likely to permit that parent to move with the child as it likely wouldn’t impact the other parent’s ability to see their child over the summer. But generally speaking, the State of Idaho does not favor one parent unilaterally relocating out of state if it will negatively impact the amount of time the child spends with the non-moving parent.
Where should I file to modify a child custody order?
Generally speaking, one child custody jurisdiction has been established by the court in one state; that state will retain jurisdiction of the case and have the ability to hear requests to modify existing orders in that court.
When should I modify a child support order in Idaho?
Under Idaho Code, Idaho will retain jurisdiction over a case as long as the child or at least one parent continues to reside in Idaho.
Some good reasons to modify a child support order include a change to either parent’s income or other benefits, such as one party losing their health insurance.
Attorney Robert J. Taylor is a qualified divorce lawyer in Boise, Idaho. He is ready to help you navigate the legal process and get the best possible outcome for your case and your family.
Taylor Law & Mediation PLLC handles uncontested divorces, military divorce, child custody, child support, child support modification & child custody modification, among others. Schedule an appointment today at (208) 587-3294.