Domestic violence is a serious problem in Idaho that has affected the victims to gain power over an intimate partner. Child custody in Idaho has been seriously taken into consideration by the court to protect the children from abusive parents. The Issue of domestic violence has affected a large number of the population in the United States.
It has been estimated that around 10 million people become a victim of domestic violence every year in the U.S. In this matter, the court decides on both legal and physical custody. Legal custody involves a child’s decisions regarding education and health whereas physical custody refers to the residence of a child that is how much time a child is allowed to spend with each parent.
The decision on physical and legal custody of a child undergoes various factors by the court:
- Child’s wishes
- Parent’s wish
- Child’s relationship with the family
- Child’s needs
- Child’s attachment to the home, school, or surrounding environment
- Whether the child has witnessed domestic violence or not
Domestic violence includes various acts that can often include physical injury, sexual abuse, and verbal abuse, among many others. It traumatizes the entire life of not only a victim but also affects the entire life of the children. Therefore, it is important to file a case by hiring a family attorney and protect the future for yourself and your children.
Immediate Steps to Take After Domestic Violence:
If you are a victim of domestic violence, you should report it immediately to the authorities. A parent needs to file for a TPO or temporary protection order in court to save them and their children’s life. To apply for a TPO, go to the district court of either the country where you live or in the country where your abuser is located in. TPO is a temporary order which is issued by the judge on the same day of complaint if he or she believes that their lives are in danger. TPO is proposed to provide the following protections:
- Temporary child custody
- Warning the abuser to refrain from any kind of violence and aggravation
- Warning the abuser to stay more than 1500 feet away from the victim
- Order rehabilitation/psychotherapy sessions for an abuser
- Order any other needed protections for a victim and the child
For long-term protection and child custody in Idaho, you have to file a Petition in court. Hearings for such cases are scheduled within 14 days of the date of application. Both parents need to be present on the day of the hearing and have to obey the court orders religiously to avoid future consequences.
Effects of Domestic Violence on Child Custody in Idaho:
Domestic violence has a huge impact on child custody in Idaho. The court handovers the child’s custody after proper investigation. Both the parents are ordered to alert the court about any violent incidents that have occurred before giving the custody.
If any kind of sexual or child abuse is reported, the court first orders the health department to investigate before giving the custody. Hence, the parent who has been repeatedly involved in domestic abuse will not be given child custody by the court. The court in such matters usually takes the following steps for the protection:
To protect the parent and child from an abuser, the court orders that every child custody visitation should be supervised by an expert, non-expert or, any therapeutic worker. The expert and therapeutic workers, in this case, are appointed by the court, and non-expert workers can be any family member or friend who takes the responsibility to monitor the visitation.
Parental Rights Termination:
Parental rights termination does not happen often. It happens in serious circumstances like:
- Abusive child-parent relationship affecting the health of a child
- Sexual abuse
- Physical torture of a parent that causes serious bodily injuries to a child
- A parent who is proved to be a murderer
Hire an Attorney for an Expert Opinion:
To file for child custody in Idaho, an expert opinion of a family law attorney is much needed. Domestic violence has become a reason for destroying lives for ages. If you are one of them and want to protect your and your children’s life, we are here to help you. If you have any questions regarding child custody cases, you can always get in touch with one of our lawyers. Our team of attorneys is here 24/7 to work on your behalf and take you out of a stressful situation such as this.