Legal Question in Family Law in Idaho

Re: Child Custody Issues

You can always go back into custody and child support issues in divorce cases. The place that has jurisdiction is the place where the divorce was granted. It has continuing jurisdiction. 2) a possible second jurisdiction is if the child resides in another state for a period of at least 6 months and then the state where the child resides has presumptive jurisdiction with the original state still having primary jurisdiction, this is under the Uniform Child Custody Jurisdiction Act, in ID located at Idaho Code section 32-1000 and statutes following. 3) the problem is that if she let him have custody in the beginning when the chances of either of them getting custody were 50/50. Now, your wife has the burden of proof and must prove in court that a substantial or material change in circumstances has taken regarding the parties and that it is in the child's best interests to change custody. You must prove this by the preponderance of the evidence (or greater weight of the evidence, e.g. that these facts are proven by being more probably true than not true). The only way usually to do this is to prove that it is more probably true than not true that the child would be better off with your wife and you. In other words you must prove that the father is neglecting, molesting, or hurting the child in some way to get custody changed. 4) at the time of the divorce, your wife could have gotten the child b/c they were both on a even footing. Now, she has the burden of proof to prove the things I have set forth above. It is very difficult for her to get the child back now. Probably too late unless you can prove the child is being neglected or something. 6) the costs can be heavy because you usually must hire a counselor or psychologist to testify to the neglect or abuse. This child is too young to testify. It must be filed where the divorce was granted. 7) you can contact the Volunteer Lawyers Program of the Idaho State Bar to try to get a lawyer at no cost. that number is 208-334-4500 then ask for the Volunteer Lawyers. I do give a 1/2 hour free consultation in my office if you want me to review your case for you. My teleph numb is 208-345-3817.