Legal Question in Family Law in Idaho

Getting Custody back

The ex-wife has sole custody. She has moved to Washington, is not doing very well financially even with the monthly child support due to her own choices. Am thinking in the children's best interest it would be best if I got custody back. IF I did, would she be required to pay child support, depending on her income? I know not as much as I have been but something. If I were to file for custody here where I live in Idaho and she is in Washington and our divorce was final in Utah, would there be any issues that would make this difficult with all that? If I file here would she have to come here for court? Thanks


Asked on 11/12/02, 2:34 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Getting Custody back

Your child needs to live in Idaho for at least 6 months for the courts here to have jurisdiction under the Uniform Child Custody Jurisdiction Act to become the child's home state. Your wife would have to pay ch supp according to your income and her income. If your child lives with you in Idaho for at least 6 months, you could file for modification here and she would have to defend here. Especially since she is not in the state where the divorce decree was entered. Either her state or Idaho would be the home state if the child lives in either place for at least the 6 months.

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Answered on 11/12/02, 2:45 pm


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