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Nampa Child Custody Lawyer
How Is Child Custody Determined in Nampa?
Every family is unique. Family Court judges in the Third Judicial District have experience with many families in Nampa and elsewhere in Canyon County. The judges have broad discretion to shape child custody arrangements depending on your family’s circumstances. Whether you are getting divorced, or you were never married to your child’s other parent, you will need to decide how to share both legal and physical custody. Our Nampa child custody lawyer is experienced in drafting Parenting Plans and working through other child custody matters. If you and your co-parent are successful in reaching an agreement, a judge will sign off on what you have decided if they feel it is in your child’s best interest. If you cannot agree, a Family Court judge will make the decision for you after each of your Nampa child custody lawyer presents evidence as to why you feel custody should be handled a certain way.
The Difference Between Legal and Physical Custody
Legal custody means the ability to make decisions for your child. Typically, major decisions covered by legal custody include educational, health and medical, religious, and general welfare matters. Most parents will share legal custody. Even if one parent has to move away from Nampa, a Canyon County judge is unlikely to remove legal custody rights from that parent if they stay involved and in contact with their child. There are situations in which one parent is awarded sole legal custody of their child. If this happens, it does not mean the other parent will never see their child, and they will likely still have visitation rights.
Physical custody refers to how much time your child spends with each parent. Idaho law favors time-sharing as equally as possible, but your Nampa child custody lawyer may recommend an agreement in which the child lives primarily with one parent and has visitation with the other parent based on your situation and your specific concerns. Your Parenting Plan should reflect your family’s individual circumstances and what works best for your child.
If you were not married to your child’s other parent, an unwed mother has full legal and physical custody of her child until paternity is established either by voluntary acknowledgment or by a court. If you are an unwed father seeking legal custody of your child, a child custody lawyer in Nampa can help you establish paternity through the court.
How Is Parenting Time Decided in Family Court?
Your Parenting Plan will break down the division of parenting time between you and your child’s other parent. The schedule will take into account the distance between the parents’ homes, where the children attend school, and school breaks and holidays. If one parent lives in Nampa and the other parent lives in New York, or if both parents live in Nampa but one parent has an inflexible work schedule that requires significant travel, the Parenting Plan will reflect your reality.
Equally shared parenting time works better when both parents live in Nampa, and it works best if they reside in the same school district. The further the distance between their homes, the less feasible equal time becomes. If one parent lives in Nampa and the other lives in Boise, this is not as big an issue. But if one parent lives in Nampa and the other parent lives over the Oregon border, even if it’s only a couple of hours’ drive an every-other-weekend schedule may work better. Or, if the other parent is a plane ride away, the child may live in Nampa most of the school year but spend holidays and a portion of the summer with the further parent.
Calculating Child Support in Nampa
Child support in Idaho is based on the incomes of both parents and the number of children they have together. A child support order may also include the payment of health insurance premiums and unreimbursed medical expenses, school tuition, or fees for extracurricular activities. Work-related childcare expenses for young children in daycare or preschool are not covered by basic child support and may require an additional contribution. Either parent may request a modification of a child support order based upon an increase or decrease in income.
To learn more about how child support works in Nampa, Idaho Divorce Law firm is here to help you with every question you have in mind. We serve primarily in Nampa, and major Idaho cities such as: