Child Custody & Visitation Blog

Article 32 of the Idaho statutes contains the laws and guidelines the state has concerning child custody. Parents in a custody situation should familiarize themselves with these rules so they can be prepared throughout the proceeding. It is particularly important to know these laws when creating an Idaho custody agreement.

Best Interest of the Child (Section 717)

The state requires that all custody decisions, including the adoption of an Idaho custody schedule, be made in the best interest of the child. Some of the factors that the court considers when determining what is in the best interest of the child are:

• The wishes of the child’s parent or parents as to his or her custody;
• The wishes of the child as to his or her custodian;
• The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
• The child’s adjustment to his or her home, school, and community;
• The character and circumstances of all individuals involved;
• The need to promote continuity and stability in the life of the child; and
• Domestic violence, whether or not in the presence of the child.

As a mother and father create an Idaho parenting plan, they should think about all of these factors and make a plan that fits the needs of the child.

Preference of Joint Custody (Section 717B)

Unless a parent proves otherwise, the state assumes that joint custody is in the best interest of the child. An Idaho visitation schedule should be set up so that both parents have frequent and continuing contact with the child. Both parents are expected to share the responsibilities and duties of raising a child.