Legal Question in Family Law in Idaho

Custody of a child.

My question is: My ex-husband is threatening to take me back to court because now that our son is in school I have limited the visitation to the weekends. Our custody agreement states that I am primary physical custodian, and that the father gets reasonable visitation. I believe that every weekend is reasonable. So I guess my question is... Can he really do anything if he actually takes me back to court? We have no underlying issues, other than the father is refusing to pay for his portion of the child care/schooling. We live in the same city, but opposite sides and the father works nights. There should be no reason why a child should be split during a school week, right?

Thank you for your help!


Asked on 12/11/03, 8:47 pm

1 Answer from Attorneys

Michael Cherasia Attorney at Law

Re: Custody of a child.

He might be able to take you back to court but what he is more likely to get is a more ridgid visitation schedule- not necessarily more time, maybe even less time.

What constitutes "reasonable visitation" really involves a lot of individual considerations. Yes, there are a small number of couples who split custody during the school week; usually with older children who can easily adjust to the change and where parents live in the same small town or neighborhood. I'm not sure how that would work for your ex if he works nights.

He actually should be glad to have custody EVERY weekend. Probably the most common arrangement is for the father to have custody every other weekend and one evening per week (just check out any McDonalds restaurant on a Wednesday night).

He should not be tying payment of support to visitation-- these are seperate issues and he risks being held in contempt should you "take him back to court".

As an alternative to lawyering up and going to court I might suggest a faster and cheaper remedy to this dispute. The State Supreme Court maintains a list of approved child custody and visitation mediatiors. You can obtain a list of the mediators either from the Court's homepage or from your nearest Court Assistance Office (call your county courthouse).

If I can be of any additional help please call me at 208.883.4410

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Answered on 12/12/03, 11:53 am


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