Legal Question in Family Law in Idaho
Custody Liabilities
My husband curretnly has legal custody of his 16 yr old daughter (as of 4 years ago). Two years ago, we agreed for to her to return to living with her mother (in Idaho). There was no legal changes made to the custody arrangement. An agreement was verbally reached as to her living conditions (smoking, animals, etc) due to her health issues. We have recently visited and found her environment to be severely unsatisfactory. She is still insisting on living with her mother though. Do we have to be the bad guy and force her back with us or is there some law or statutes that we can fall back on? As the custodial parent, is there an issue of neglegence on our side by allowing her to live there and endanger her health?
2 Answers from Attorneys
Re: Custody Liabilities
A custody order issued by a Court is enforceable until modified by the Court. However if you try to enforce the order at this point, from a practical point, you are likely to provoke a custody fight with the mother. At 16 years of age most courts will likely give considerable weight to the girls choice of where she wants to live. To venture further I would need more information about which state has jurisdiction, her health conditions, and the envirionment you found her in.
Re: Custody Liabilities
Court orders regarding custody and vistation are enforced only if, as in this case, a parent requests that they be enforced. The most help you will get would be a police officer telling mom and daughter that she has to go with dad. The longer you allow this situation to go on the harder it will be for you to remove her from this situation.
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