Legal Question in Family Law in Washington

Re: Custody requirements and laws

If you didn't live in Idaho as husband and wife and if

the facts and circumstances that gave rise to your

divorce didn't occur in Idaho then Idaho has no jurisdiction

to hear the Divorce, Wash only would have the jurisdiction.

However, in Idaho, the court must find by a preponderance

of the evidence that it is in the best interests of

your child to reside with you before the court can

so order it. Preponderance means by the greater weight

of the evidence, generally by something over 50%.

Factors relevent to custody include but are not

limited to: 1) is child abused, neglected, or otherwise

harmed while in the custody of the other party, 2)

is child adequately cared for, 3) is the residence

appropriate for child, 4) are child's siblings residing

with you, 5) is child safe, example: whether the parent

provides child safety seats in car, doesn't drive drunk

with child in car, 6) Is child adequately cared for like

bathed regularly, must child brush, is child required to

go to school, etc.

However, if you didn't live in Idaho as husband and

wife and the acts leading to your divorce didn't occur in

Idaho, Idaho has no jurisdiction to hear your case.