Boise Divorce Attorneys and Powers of Attorney for Military Deployment

As a Boise Divorce Attorney I regularly hear from military personnel who have had a divorce, have a custody and visitation schedule in place and now are being deployed.  They are often very concerned that the deployment will interfere with their custody and visitation schedule.

There are many protections for military personnel under Idaho and federal law.  One of those has to do with custody and visitation upon deployment.  Idaho law allows a soldier to delegate their custody and visitation rights with the use of a power of attorney while they are deployed.  The power of attorney is effective for up to three years.

Divorce lawyers often suggest that their clients use this tool to preserve the existing custody and visitation schedule.  It is often the best choice when the child is close with their grandparents and they would benefit from continued contact with them.  It is also often the best choice if their are step siblings in the home and continued contact with them would be beneficial.

Another option that custody attorneys use is to alter the custody and visitation schedule by mutual agreement and without prejudice.  This may be the best choice if their are no grandparents or step-sibling around.  Custody lawyers will use this option in these circumstances so that there are not multiple trips to the court for modification.

This is not to say that the other party may not hire a custody attorney and try to show that the deployment is a material change in circumstances and that it is not in the best interest of the child to have visitation with a party delegated by the soldier.  As a Boise Divorce Attorney I can tell you that Idaho and federal law protects military personnel in this circumstance.  However, it ultimately is up an Idaho Court to decide.

If you need to speak with a Boise Divorce Attorney or a Boise Custody Lawyer, please call (208) 472-2383 or for more information visit www.lawboiseid.com

Boise Attorneys

Welcome to the new blog for Boise Attorneys at Kershisnik Law.  In this blog our lawyers will discuss various issues effecting the areas of law our Boise attorneys practice.  These include divorce, custody, probate, DUI, criminal law, personal injury, employment law and small business law.  We welcome your readership and look forward to blogging with you.

If you need to speak with a lawyer in Boise, Idaho or have issues you would like to discuss with one of our attorneys, please call (208) 472-2383 or visit us at www.kershisniklaw.com or www.lawboiseid.com