Child Custody Laws in Idaho
How courts in Idaho decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is decided by the best interests of the child. Factors include the parents' wishes, the child's wishes, the child's relationships with parents and siblings, adjustment to home, school, and community, the character and circumstances of everyone involved, continuity and stability… Idaho Code §§ 32-717, 32-717B
| Child custody | Custody is decided by the best interests of the child. Factors include the parents' wishes, the child's wishes, the child's relationships with parents and siblings, adjustment to home, school, and community, the character and circumstances of everyone involved, continuity and stability, and domestic violence. There is a presumption that joint custody is in the child's best interests unless shown otherwise by a preponderance of the evidence, and a presumption against joint custody if a parent is a habitual perpetrator of domestic violence. No specific age is set for the child's preference. Source: Idaho Code §§ 32-717, 32-717B |
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| Emergency and temporary custody | Under Idaho's interstate custody law, an Idaho court has temporary emergency jurisdiction if the child is present in Idaho and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Idaho order lasts only until an order is obtained from that state within the period the court sets. Source: Idaho Code § 32-11-204 |
| Parenting class or mediation | Some Idaho courts issue orders requiring parents in a divorce with minor children to attend a parent education class; the Self-Help Center lists attending the class as a step 'if required.' Whether the class is required depends on the judicial district or county. |
Where to get help in Idaho
More Idaho divorce & family law
- Getting a Marriage License in Idaho
- Adopting a Child in Idaho
- Guardianship of a Child or Adult in Idaho
- Establishing Paternity in Idaho
- Changing Your Name in Idaho
- How Child Support Is Calculated in Idaho
- Divorce Records in Idaho
- Alimony and Spousal Support in Idaho
- How to File for Divorce in Idaho
- Legal Separation and Annulment in Idaho
- All Idaho divorce & family law rules
FAQ
How is child custody decided in Idaho?
Custody is decided by the best interests of the child. Factors include the parents' wishes, the child's wishes, the child's relationships with parents and siblings, adjustment to home, school, and community, the character and circumstances of everyone involved, continuity and stability, and domestic violence. There is a presumption that joint custody is in the child's best interests unless shown otherwise by a preponderance of the evidence, and a presumption against joint custody if a parent is a habitual perpetrator of domestic violence. No specific age is set for the child's preference.
How do you get emergency custody in Idaho?
Under Idaho's interstate custody law, an Idaho court has temporary emergency jurisdiction if the child is present in Idaho and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Idaho order lasts only until an order is obtained from that state within the period the court sets.
Do you have to take a parenting class to divorce in Idaho?
Some Idaho courts issue orders requiring parents in a divorce with minor children to attend a parent education class; the Self-Help Center lists attending the class as a step 'if required.'
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.