Divorce in Idaho: Can I Renegotiate the Custody Agreement?

Have you ever heard of renegotiating child custody after a divorce in Idaho? Well, this can happen because circumstances change and these changes can make upholding a current custody agreement difficult. Changes can also mean that adjusting the custody arrangement is in the child’s best interest.

Here are a few major points that can help you understand under what circumstances a parent can file for custody modifications in Idaho.

When Can I Change the Custody Agreement in Idaho?

Under Idaho law, courts make decisions about child custody after a divorce based on the child’s best interest.

You can modify the custody agreement based on a “substantial and material change of circumstances.” This means that there has been a major change in the life of one or both parents that calls for changing the custody order. The parent seeking to change the custody order must prove that the change in custody is in the child’s best interest.

Suppose that after a custody agreement is made, you discover your ex-spouse is struggling with drug addiction. You can ask the court to change the agreement and grant you full custody.

Even if both parents are stable, loving, and able to look after the child, the custody agreement might need to be adjusted due to circumstances like a new job or moving out of state.

What Are Circumstances Where the Court Will Consider Custody Changes?

The court may consider changing the custody arrangement under the following circumstances:

• One parent is not financially stable due to the loss of a job or benefits
• One parent moving out of state
• The child is not happy
• A parent becomes emotionally unstable
• A parent is sentenced to a long-term prison sentence
• The parent abuses the child physically or mentally
• A parent’s new spouse or partner has conflicts with the child
• A child develops special health or education needs that the custodial parent can’t meet

What Influences Court Decisions About Child Custody?

Often, when parents can reach a mutual agreement on the division of care and support of their child, the custody decisions are relatively easier. The court steps in when parents cannot reach an agreement.

The decision of the court is based upon the following factors:

• Preference of the child
• Stability needs of the child
• Parent’s desire for custody
• Parent’s history including domestic violence
• The relationship of a child with parents and siblings
• Parental fitness including physical and mental health
• Child’s adjustment to school
• Parents ability to meet the needs of children; both physical and emotional

Contact Our Boise Family Law Attorneys Today

Here at Boise Family Law, we understand the various reasons for changing a child custody arrangement. We can help you in modifying the arrangement to better fit your current situation and what’s best for your child.

If you have questions about custody modifications after a divorce in Idaho, reach out to our attorneys today. Our attorneys have years of experience in similar cases.