Parenting Time Evaluations - What Are They and Do You Need One?

Parenting Time Evaluations - What Are They and Do You Need One?

Mediation

High conflict divorces often translate into high conflict custody cases.  What can you do to help resolve the conflict?  In a divorce where custody cannot be agreed upon by the parties, the courts will almost always appoint a mediator.  In Idaho, you are ordered to attend three mediation sessions.  Some folks can work out the custody in those sessions, others cannot.  So what happens when mediation fails?

Parenting Time Evaluations

If mediation fails, upon the court's motion, upon the motion of one party or the other or by stipulation, the court can order a parenting time evaluation.  The court appoints a parenting time evaluator.  This is an independent party who interviews the parties and observes their interactions with their children.  The evaluator puts together and extensive report for the court making determinations and suggestions on how custody should be structured.

Are There Risks to Seeking a Parenting Time Evaluation?

Parenting Time Evaluations can be extremely helpful in resolving parenting and custody issues.  From a client's perspective, the risk of the evaluation is it will find against you.  Some issues that come up in these evaluations are controlling behavior, overly authoritarian behavior, too little parental involvement or supervision or lack of interest in the welfare of the child.  If you have a health relationship with your children, and your parenting style and behavior falls within the normal and acceptable range of parenting, the risk of getting a "bad" parenting time evaluation is generally fairly low.  Other times clients are unhappy with parenting time evaluations because they think that the other party should have limited visitation or custody of the children and the parenting time evaluator thinks differently.  Something to keep in mind is that the evaluator is seeking to find the custody arrangement that is in the best interest of the children.

If you are seeking a divorce or a modification and need to speak with one of our Boise Divorce Attorneys, give us a call at (208) 472-2383.  You will be glad you did.

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