Co-Parenting App for Idaho Parents

What Idaho courts consider in custody decisions

Idaho courts consider the wishes of the parents, the wishes of the child, the interaction and interrelationship of the child with parents and siblings, the child's adjustment to home/school/community, the character and circumstances of all individuals involved, the need to promote continuity and stability in the life of the child, any history of domestic violence (whether or not in the presence of the child), and any history of substance abuse. Idaho specifically considers 'the need to promote continuity and stability in the life of the child' as a distinct factor, and courts also evaluate whether a parent is or has been a sex offender under § 32-717B.

How the custody process works in Idaho

Idaho custody cases are filed in District Court and heard by a Magistrate Judge in the Magistrate Division. Idaho does not mandate mediation statewide, but individual judicial districts may require it in contested cases. Joint custody may be awarded if both parents agree, or the court may order it if the evidence supports it. The court may appoint a guardian ad litem to investigate and make recommendations. Idaho law requires 30 days' advance written notice before a custodial parent can relocate with a child.

Key Idaho custody statutes

• Idaho Code § 32-717
• Idaho Code § 32-717B
• Idaho Code § 32-717C