Child custody in Idaho

What the law tells the judge to look at

In the order the law lists them.

1. What each parent wants for custody.Idaho Code 32-717(1)(a)
2. What your child wants about who should have custody.Idaho Code 32-717(1)(b)
3. How your child gets along with each parent and with brothers and sisters.Idaho Code 32-717(1)(c)
4. How well your child has adjusted to home, school, and community.Idaho Code 32-717(1)(d)
5. The character and circumstances of everyone involved.Idaho Code 32-717(1)(e)
6. The need for continuity and stability in your child's life.Idaho Code 32-717(1)(f)
7. Domestic violence, whether or not it happened in front of the child.Idaho Code 32-717(1)(g)

Other things the judge considers

• The judge considers all relevant factors; the list says the factors 'may include' these.Idaho Code 32-717(1)
• If a child is living with a grandparent in a stable relationship, the judge may give the grandparent the same standing as a parent when deciding custody.Idaho Code 32-717(3)
• If anyone claims child abuse or child sexual abuse in a divorce or modification case, the court must order an investigation by the Department of Health and Welfare, and cannot make a final custody or visitation award until it gets the report.Idaho Code 32-717C

What the judge may not consider

A parent's disability cannot be used to discriminate. A parent with a disability may show how adaptive equipment or support services help them parent, and if the court finds a disability relevant it must make specific findings (Idaho Code 32-717(2), (5)).

Joint custody

Yes. Unless a preponderance of the evidence shows otherwise, the law presumes joint custody is in the child's best interests. The presumption is the opposite if the court finds a parent is a habitual perpetrator of domestic violence.

Idaho's presumption is for 'joint custody', defined as custody to both parents with shared physical custody; the court may order joint legal, joint physical, or both.

The child's wishes

The judge may consider your child's wishes about who should have custody. The statute sets no age.

Domestic violence

Domestic violence is a custody factor whether or not the child saw it. If the court finds a parent is a habitual perpetrator of domestic violence, the law presumes joint custody is not in the child's best interests.

Establishing paternity

How

Both parents can sign a Voluntary Acknowledgment of Paternity in front of a notary and file it with the Idaho Bureau of Vital Records and Health Statistics. Once filed, it is a legal finding of paternity. Either signer can file a notarized rescission within 60 days after the acknowledgment is filed, or by the date of a court or agency case about the child they are part of, whichever is first. After that it can only be challenged in court for fraud, duress, or a material mistake of fact. You can also ask the court to decide paternity in a Petition for Paternity, Custody, Visitation and Support.

Form

Acknowledgment of Paternity

Cancellation form

Rescission of paternity (notarized; see Vital Records instructions)

Agency

Idaho Department of Health and Welfare, Bureau of Vital Records and Health Statistics
https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/change-birth-certificate

Changing an order

You can ask the court to change custody. Idaho courts require a substantial, material, and permanent change in circumstances and a showing that the change is in the child's best interests. The statute refers to this standard when it says a parent's National Guard or reserve call-up is not such a change. Filing a modification that is vexatious and harassing can lead to paying the other side's attorney fees and costs.

Law: Idaho Code 32-717(6), 32-718

If the other parent does not follow the order

If the other parent does not follow the custody or visitation order, you can ask the court to enforce it, for example through contempt. The court can also appoint a parenting coordinator to help parents follow the order and reduce conflict, and can order supervised exchanges through an approved provider.

Law: Idaho Code 32-717D, 32-717E

Grandparent visitation

Yes. A district court may grant reasonable visitation to grandparents or great-grandparents if they show visitation would be in the child's best interests. The statute has no other conditions.

Custody by someone who is not a parent

A relative within the third degree (such as a grandparent, aunt, or uncle) can ask to be named a 'de facto custodian' if they were the child's main caretaker and financial supporter, and the child lived with them without a parent present and without consistent participation by a parent, for 6 months (child under 3) or 1 year (child 3 or older). Time after the petition is filed does not count, and a court or agency placement or living with the child's parent as a partner or spouse does not qualify. They must prove de facto custodian status by clear and convincing evidence, and then that custody with them is in the child's best interests. A court can give a de facto custodian sole or joint custody.

Custody and visitation in the order

Yes. If there is an immediate and present danger of domestic violence, the court can award temporary custody of the children for up to one year, consistent with custody law and any earlier custody order. An ex parte temporary order can stop the other party from interfering with your custody or taking the children out of the court's area. There is no filing fee.

Military parents

A National Guard or reserve call-up is not by itself a reason to reduce a service member's custody or visitation. If a deployed service member's custody is changed, the change is temporary and ends 60 days after the court is told the deployment is over, unless a motion is filed. The court may hold expedited hearings and allow testimony by phone or video.

Law: Idaho Code 32-717(6), 32-720