Who gets the kids after a divorce?

On Behalf of | Aug 5, 2022 | Family Law |

If you are a parent and get a divorce, there is a chance that you’ll be able to retain a relationship with your children. Idaho law generally recognizes that children are better off when they have both parents in their lives. However, the exact circumstances of your case will determine if you get custody of your children or if you have to settle for visitation rights.

What is in your child’s best interest?

The best interest of the child standard says that custody or visitation decisions must put a minor’s needs above all others. For instance, if you move 100 miles away from the family home after a divorce, you’re more likely to receive visitation rights as opposed to custody rights. This is because allowing joint custody would force the child to spend too much time in an unfamiliar environment. Of course, the opposite might be true if moving from the family home put your son or daughter in closer proximity to extended family members or a school that he or she has previously attended.

Do you have a strong relationship with your child?

The relationship that you had with your child prior to the divorce will play a role in determining if you get custody or visitation rights. A call log, purchase log or other records can show that you have been in your child’s life and can provide for their needs. You might also want to provide evidence that you can provide a safe environment for your child.

This typically means that you have a house that provides an adequate level of privacy and is located in a safe neighborhood. If you have a history of substance abuse or domestic violence, you’ll need to prove to a judge that this won’t impact your ability to be a good parent.