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Idaho Child Custody Laws

When the parents of minor children break up, parents must share the responsibility to provide care and financial support for the children. Child custody determines where the child lives primarily, who makes major decisions (about education, health, etc.), and how the parents share time with their child(ren).

This article provides a brief overview of child custody laws in the state of Idaho.

Child Custody Laws in Idaho: At a Glance

The following table details the main child custody laws in Idaho.

Code Sections

§ 32–717 et seq. of the Idaho Code

Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted


Joint Custody an Option?

Yes, parents can share joint physical custody, or where the child resides with both parents at different times; in addition, parents can share joint legal custody or decision-making rights as to the child's health, education, and general welfare; note, if one of the parents has been a habitual perpetrator of domestic violence, then joint custody is presumed to not be in the best interest of the child

Grandparent Visitation Rights Recognized?

Yes, § 32-717(3)

Child's Own Wishes Considered?

Yes, a child's wishes about who takes care of them are considered

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Get Legal Help with Child Custody

If you and your child's other parent are separating, you might not agree on who gets custody of your child or what the custody arrangement should look like. There are many other factors to consider in these determinations, but the court's primary concern is the best interests of the child. One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Custody & child visitation cases are emotional, and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Lawyers can seek to secure visitation rights

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