IDAHO -- Does anyone know what the age is in Idaho when a judge will take into account the child's desire?

Question

Does anyone know Idaho law -- or even more specifically -- Ada County -- at what age will a child be allowed to have an opinion on how their visitation is divided? Currently, my children have to spend the entire summer with their father across the country. They dread the end of school because they know summer is coming. How old do they have to be to be heard?

Answer 1

According to Idaho law, the judge is required to take that into account along with other factors, regardless of the age of the child. If the child can make his/her wishes known, then that must be one of the factors.

Here's the law (From 32-717 of the Idaho Statutes):

In a divorce, the court may award the custody, care and education of the children as may seem necessary or proper in the best interests of the children. The court should consider all relevant factors, which may include:


(a) The wishes of the child's parent or parents as to his or her custody;

(b) The wishes of the child as to his or her custodian;

(c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;

(d) The child's adjustment to his or her home, school, and community;

(e) The character and circumstances of all individuals involved;

(f) The need to promote continuity and stability in the life of the child; and

(g) Domestic violence, whether or not in the presence of the child.