Idaho Law Blog
By Tippi Jarman
Did you know that the Idaho Supreme Court just days ago upheld a magistrate judge’s decision to allow the primary custodial parent (mother) to move with the children from Idaho to Montana?
In Reed v. Reed, 2016 Ida. LEXIS 246, (September 9, 2016), the magistrate judge analyzed a petition to modify the child custody determination made in the parties’ previous divorce. The magistrate judge gave due consideration to the factors set forth in Idaho Code Section 32-717(1); namely: (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 as defined in section 39-6303, Idaho Code, whether or not in the presence of the child. The magistrate judge found that the factors in favor of allowing the mother to relocate with the children in Montana were considerable. The mother felt Montana was best for the children. The children were neutral about both of their parents. The mother had been the primary custodial parent and witnesses attested to her strong parenting skills. Although both parents were deemed stable and fit to provide a home for the children, the family situation in the mother’s home allowed for siblings to interact with each other daily. The children had made a good adjustment to the school and activities in Havre, Montana. The children were within walking distance of the school and their home. The mother, who had remarried and had two children with her new husband, was able to elect staying at home to care for the children. Since the children had been living primarily with their mother for over ten years, stability and continuity in their lives was promoted by having them stay with her in Montana rather than with the father in Idaho.
Notably, the improved economic well-being of the mother was a factor considered by the magistrate judge. Since her husband had to move to Montana for his job, and this allowed the mother to stay at home with the children, this was a factor which could be considered by the magistrate judge.
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