Legal Question in Family Law in Idaho
custody change
i was divorced 7 and a half years ago, we have a girl who is 7 and a half, in our divorce/custody he got her every other weekend fri 5p to sun 5p, only in the last few months has he had her over night from sat morn to sunday, HIS choice, he never wanted her more, now i made his girlfriend mad, and she told him to push me and get all his time, my daughter cries when she has to go and has told him she did not want to go, he told her she had to, he is demanding to have her this friday night thru sunday for the first time, and told me he'd have the cops here if i do not, he is also upset cause they are re-evaluating the child support for the first time in 7 years and said if i am doing that then she has to do what he says, we also have shared holidays half the day w each of us and he says i cannot have her till 5 sunday (easter) do i have to let him push us around after all this time because he is mad and so is his girlfriend, and do i have a say whether they can move in together w/out marriage and have my daughter see this? i am tired of him hurting her so his girlfriend feels better, can i give him my daughter on sat. like its been for 7 1/2 years? or will i get in trouble? i care about my daughter and her feelings and this is bad!
1 Answer from Attorneys
Re: custody change
The child custody order remains in effect until modified by the court. Failing to turn over or to return a child at the specified time can result in a finding of contempt of court or a criminal charge of custodial interference.
Without looking at the actual order it is impossible to determine when the child needs to be returned on Easter, but I think there is a very, very good chance that she should be returned early on a holiday-- just like you would need to turn over custody for part of a day, on a holiday weekend, when you had custody. It only makes sense.
Child Support and child custody are seperate issues. Support is based on the relative income of the partents and their mutual duty to support their child. Custody is based uppon the best interest of the child as defined by statute.
Generally, you have very little say about who you ex exposes your child too- it has to do with his right of free association and his status as having joint legal custody. There are some exceptions where it can be shown that the person is some type of immediate threat or hazard to the child; its very hard to prove.
You should talk with an attorney if at all possible to determine if there is a basis for modification of the current existing custody order. There is also the possibility of employing a child custody mediator to help resolve the dispute.
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