Divorce Idaho Custody

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Factors in Divorce Idaho Custody

The factors that are considered relevant to child custody by the court in this state are as follows. These have been mentioned in Idaho Code, Title 32, Chapter 717.

  • Any past record of domestic violence irrespective of whether it had occurred in the absence or presence of the child
  • The necessity to foster stability and continuity in the life of the minor child
  • The characters and situations of all the persons related to the custody case
  • The adjustment of the child in the community, school and residence
  • The interrelationship and interaction of the child along with his/her siblings as well as his/her parents
  • According to the wishes of the child, who should become his/her custodian?
  • The desires of the father and mother regarding the custody plan of the child
Addressing disability in Divorce Idaho Custody

The following terms must be understood to get a gist of this topic.

Disability

In case of any individual, "Disability" is defined as a physical or mental impairment that considerably hampers one or more life activities of the individual inclusive of, but not limited to, the following.

  • Working
  • Learning
  • Speaking
  • Hearing
  • Seeing
  • Walking
  • Manual tasks
  • Self care
Disability also implies existence of a record of the above mentioned impairment or any other person pointing out that the parent has such impairment.

The following are not classified as a disability.

  • Pyromania
  • Kleptomania
  • Compulsive gambling
  • Substance use disorders
  • Any sexual behavior disorders
  • Voyeurism
  • Exhibitionism
  • Pedophilia
  • Transsexualism
  • Transvestism
  • Sexual preference or orientation
The court determines if impairment would considerably hamper a major life activity without considering how mitigating or corrective measures are being used to control the effects of the impairment.

Adaptive Equipment

"Adaptive Equipment" refers to any apparatus that is being used by a parent with disability to enhance, maintain or improve the parenting capacity.

Supportive Services

"Supportive Services" implies those services that would help a disabled parent to make up for the aspects of the disability that hamper their capacity to care for the child. These services also make it possible for the parent to discharge the parental responsibilities.

Statutes

The parent with a disability is given the right to produce information and proof in the court pertaining to the fact that supportive services or adaptive equipment would facilitate the parent to execute the parenting responsibilities. The court advises the disabled parent on such a right.

A person, who is an expert in adaptive equipment and supportive services, conducts an evaluation of parental fitness. This expert considers how the disabled person can be said to be fit after the use of adaptive equipment and supportive services.

Can a non custodial parent view the child's records?

Just because a person is a non custodial parent, this parent is not prohibited access to information and records of his/her minor child. For example, access is not denied to educational, school, health, dental and medical records.

However, the custodial parent has the right to advise the records custodian to delete the minor child's address from the records that are viewed by the non custodial parent.

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