Frequently Asked Questions

I have a custody case, how does the court decide what is in my child’s best interest?

Idaho judges follow the standard set by the Idaho legislature to determine what is in a child's best interest, such as Idaho Code sections 32-717B and 32-717. The legislature has established that joint physical and legal custody is typically in the best interest of the child. However, if a person is identified as a habitual perpetrator of domestic violence, there is a presumption against awarding joint legal and physical custody to that individual. A preponderance of the evidence may overcome this presumption for or against joint custody.

What evidence should I present to the judge to demonstrate what is in my child’s best interest?

Idaho judges exercise discretion in determining custody arrangements that serve the child's best interests, using factors outlined in Idaho Code Section 32-717, among other relevant information. It’s essential to present evidence that supports your position regarding custody wishes, as well as the child's preferences, depending on their age and maturity. Additionally, evidence about the interactions and relationships between the child, parents, and siblings is crucial, along with the child's adjustment to their school, home, and community. The character and circumstances of all individuals involved in the custody case, the need to promote continuity and stability in the child’s life, and any instances of domestic violence as defined by Idaho law are also significant considerations. Presenting relevant evidence on these factors can significantly influence the court's decision.

What is joint physical custody?

The legislature has defined "joint physical custody" in Idaho Code Section 32-717B(2). According to this statute, the court issues an order granting each parent significant periods during which the child resides with or is under the care and supervision of both parents, ensuring that the child maintains frequent and continuing contact with each. It's important to note that a joint custody order does not require that the child's time with each parent be exactly equal in length, nor does it necessitate alternating periods between parents. The court will determine the actual distribution of time with each parent based on the child's best interests.

What is joint legal custody?

The legislature has defined "joint physical custody" in Idaho Code Section 32-717B(3). According to this statute, the court issues an order requiring the parents to share the decision-making rights, responsibilities, and authority relating to the health, education, and general welfare of a child.

How do I change an existing custody order if I and the other parent agree?

The parents may agree to change their custody order by stipulation. The parents should file the proposed order with the court along with their stipulation. There are no costs for filing a stipulated order. The judge will review the order and, if appropriate, approve the stipulation and return the approved order to the parents.

What if we disagree on changing the custody order, but I still need it modified?

When parents cannot agree to change an existing custody order, one parent may file a motion to modify it. The parent seeking the change must prove that there has been a substantial, permanent, and material change in circumstances since the last order was issued and that the proposed modification is in the child’s best interest. For example, a desire to relocate the child to a different geographical area that makes the current parenting plan impractical is considered a substantial and material change. However, the moving party must still demonstrate that the relocation is in the child’s best interest.