Legal Question in Family Law in Idaho

Re: Have joint legal custody want physical custody

Unfortunatley, your question is a difficult one. Since he has court ordered physical custody, you are no longer in an even (50-50) position regarding getting custody. You must prove that a substantial and material change of circumstances has taken place since the time of the divorce decree and you must prove that it is in the best interest of your children by a preponderance of the evidence (or greater weight of the evidence, i.e. that it is more probably true than not true). This usually means that you must prove that it is not in their best interests to stay with their father.

However, since he has split the kids, you are being refused visitation, and he isn't even raising one of the kids, you have a better chance of getting a change of custody since that is not generally in the children's best interest to be separated.

You need an attorney to listen closely to the facts in your case and to try to determine what your chances are for change of custody based on the facts.

I give a half hour free consultation in my office if you'd like me to review your case for you. 208-345-3817.