Filing for Custody With or Without Divorce in Idaho
Getting a custody order is essential to protecting your parental rights. An order outlines when you get to spend time with your child, among other important details. You'll need to file a petition for custody or divorce to get an order.
Generally, only the child's legal parents can petition for custody. For this reason, unmarried men who believe they've fathered a child need to take the extra step of asking the court to establish paternity before filing for custody. In extraordinary circumstances (e.g., when parents are unfit), the court may give the child's grandparents or other relatives permission to ask for custody.
You can hire an attorney to file for you or do it yourself. Here's how to do it yourself.
Documents you'll need
Before you start, make sure your child has lived in Idaho for at least six consecutive months. Otherwise, you cannot get a custody order in the state.
Physical documents are available at your local county courthouse. Online forms are available through the Court Assistance Office.
All cases
The following are needed for all custody cases, regardless of whether you're divorcing:
- Summons
- Family Law Case Information Sheet
- Parenting Plan
- Affidavit Verifying Income
- Child Support Worksheet
- Motion and Affidavit for Fee Waiver (if you can't afford filing fees)
Make two copies of every form except the Family Law Case Information Sheet. One copy you'll keep; one copy you'll give to the other parent.
Complete a Motion for Temporary Orders if you want orders for custody and child support while you wait for final orders. Attach a parenting plan if you agree on temporary orders but are not so sure about final orders.
Divorce with minor children
You must live in Idaho for at least six weeks before you can file for divorce in the state.
In addition to the forms for all cases, fill out the following from the list of online Idaho divorce forms:
- Petition for Divorce (With Children) — with your parenting plan attached
- Certificate of Divorce
- All forms in the Finalizing Divorce by Stipulation section (if you agree on everything)
Agreements must be signed by both parents.
You must get the Certificate of Divorce from the courthouse or at the Court Assistance Office since it is not available online. You'll only need the original form.
Custody
In addition to the forms for all cases, fill out the following from the list of online Idaho custody forms:
- Petition for Paternity, Custody, Visitation and Support — with your parenting plan attached
- All forms under Finalizing by Stipulation section (if you agree on everything)
Agreements must be signed by both parents.
How to file your forms
Hand in the originals and copies of your forms with the court clerk at the district court serving the county where your child lives.
The clerk will "conform" your copies, date and time stamping them so you and the other parent have valid copies that can replace the originals should they get misplaced among the court's files.
You'll get a joint temporary restraining order, which sets ground rules for how to behave during your case. It prevents you and the other parent from selling property, hiding assets, taking the child out of state beyond a certain length of time and more.
Divorce with minor children
Pay the filing fee (around $210) or hand in your Motion and Affidavit for Fee Waiver.
The clerk will give you an order to attend a divorce orientation/parenting workshop along with the original summons and the conformed copies of all your forms.
Custody
Pay the filing fee (around $170) or hand in your Motion and Affidavit for Fee Waiver.
The clerk will give you an order to attend a parenting workshop along with the original summons and the conformed copies of all your forms.
Telling the other parent
You can skip this step if you filed an agreement.
Service is the process through which the other parent receives notice of the case. They must receive conformed copies of the petition, summons, joint temporary restraining order and order to attend the divorce or parenting workshop.
If the other parent agrees to accept service, you can mail or give them the paperwork yourself. They must sign an Acknowledgment of Service. Make one copy and take the forms along with your original Summons to the clerk.
If they do not agree to accept service, you'll need someone else over the age of 18 — a friend, professional process server or sheriff — to serve the forms for you. After serving, they must fill out an Affidavit of Service. Make a copy of the Affidavit and file it and the original Summons with the court.
If you don't know where the other parent is, you can serve by publication.
The other parent has 21 days to respond with a Response and Counterclaim. If they do not respond on time, you can apply for a default judgment.
Preparing for your case
What happens next depends on whether you can reach an agreement.
If you filed an agreement (or do so at any point before trial), you may have to appear before a judge who will review your settlement to ensure that its terms are in the best interest of the child and that both parents understand what they've agreed to.
The judge will sign off on your agreement to make it the final order if it is appropriate. If you're divorcing, you'll need to wait at least 20 days from the date you filed your petition to get a final judgment.
If you don't file an agreement, you'll go to a scheduling conference within eight weeks after the defendant files an answer. The court will set deadlines for court appearances, alternative dispute resolution, trial and more. You'll need to be prepared every step of the way.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.
You can customize this to fit your situation with Custody X Change.
Be prepared for your hearing and every step of your case with Custody X Change.
Resources
We thank Arkoosh Law Office in Boise and Attorney Katie Hawkins of Clark & Feeney Attorneys at Law in Lewiston for helping us understand child custody in Idaho.
For more guidance, look to: