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Child Custody in Idaho

Familiarize Yourself With Child Custody Laws in Idaho

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Idaho uses several criteria to determine custody of a child. Primarily, courts determine child custody in Idaho based on the best interests of the child. Parents who wish to file for child custody in Idaho should first become familiar with the custody statutes in this state.

Related: Help our readers by sharing your experience with child custody in Idaho.

Married Parents

The Idaho Domestic Relations Statute notes that married parents, upon separation, may request custody of a child. If one parent dies, abandons the child, or refuses to take custody, the other parent is entitled to the custody and care of the child. The court's decision will be determined based on the welfare of the child. The statute does not make note of single parents, but it's possible that an Idaho court will determine custody for single parents in a similar fashion as to married parents.

The Best Interests of Child

Court will determine child custody in Idaho based on the best interests of the child. In determining a child's best interests, a court will consider the following:

  • The child's wishes
  • Each parent's wishes
  • The child's relationship with his/her parents and his/her siblings
  • The child's adjustment to his/her home, school and community
  • The moral character of all involved parties
  • Any history of domestic violence
  • The court's need to provide stability in the child's life

Joint Custody in Idaho

An Idaho court may award either joint physical custody or joint legal custody, or both, as the court determines the best interests of the child. If the court doesn't award joint custody, the court will state the reasons why. In Idaho, there is a presumption that joint custody is not in the best interests of the child if a parent is found to be a constant offender of domestic violence.

Disability and Child Custody in Idaho

In Idaho, if a parent has a disability, the parent will be provided with an opportunity to explain how equipment or other services will assist the parent in providing and caring for a child.

Military Servicemembers and Child Custody in Idaho

In Idaho, when an active member of the Idaho National Guard has been called to active duty, or when a member of the military reserve has been called to duty, Idaho does not deem a call to service to be a substantial change of circumstances to warrant modifying or reducing a member's current visitation or child custody order.

For more information child custody in Idaho, speak with a qualified attorney in Idaho or refer to the Idaho Code.

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