Idaho Home State Jurisdiction for Child Custody

Part of my Idaho Child Custody Jurisdiction (UCCJEA) Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Child Custody Jurisdiction (UCCJEA)Topic 1 of 6: Home State Jurisdiction

Before an Idaho court can make the first custody order for a child, it must have “jurisdiction,” meaning the legal power to decide the case. Under Idaho’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), that power depends mainly on where the child has been living (Idaho Code § 32-11-201).

This page explains the “home state” rule and the other grounds an Idaho court may use to make an “initial determination,” which is the first custody determination concerning a particular child (Idaho Code § 32-11-102(h)). It matters to anyone starting a custody, divorce, paternity, guardianship, or similar case when the child has lived in more than one state.

The Only Grounds for an Initial Custody Order

The grounds listed in Idaho Code § 32-11-201(a) are the exclusive basis for an Idaho court to make a child custody determination (Idaho Code § 32-11-201(b)). The one exception is temporary emergency jurisdiction under Idaho Code § 32-11-204 (§ 32-11-201(a)). See Temporary Emergency Jurisdiction for that exception.

Physical presence of a party or the child in Idaho is not necessary or sufficient to make a child custody determination. The same is true of personal jurisdiction over a party (§ 32-11-201(c)). In other words, the fact that a child or a parent is in Idaho does not by itself give an Idaho court power to decide custody.

What “Home State” Means

A child’s “home state” is the state in which the child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding (Idaho Code § 32-11-102(g)). “Commencement” means the filing of the first pleading in the case (§ 32-11-102(e)).

For a child less than six (6) months old, the home state is the state in which the child lived from birth with a parent or person acting as a parent (§ 32-11-102(g)). A period of temporary absence of any of those persons is counted as part of the period (§ 32-11-102(g)).

Who Is a “Person Acting as a Parent”

A “person acting as a parent” is someone other than a parent who meets both of these tests (Idaho Code § 32-11-102(m)):

1. The person has physical custody of the child, or had physical custody for six (6) consecutive months, including any temporary absence, within one (1) year immediately before the case was commenced; and
2. The person has been awarded legal custody by a court or claims a right to legal custody under Idaho law.

“Physical custody” means the physical care and supervision of a child (§ 32-11-102(o)). A “child” is an individual under eighteen (18) years of age (§ 32-11-102(b)).

The Four Grounds, in Order

Idaho Code § 32-11-201(a) lists four grounds. Grounds 2 through 4 each depend on whether courts of other states have, or have declined, jurisdiction under the earlier grounds. The table summarizes them.

Ground	When an Idaho court may use it	Idaho Code
1. Home state	Idaho is the child’s home state on the date the case is commenced, or was the home state within six (6) months before and a parent or person acting as a parent still lives in Idaho	§ 32-11-201(a)(1)
2. Significant connection	No other state has home-state jurisdiction, or the home state declined because Idaho is the more appropriate forum, and the connection and evidence tests are met	§ 32-11-201(a)(2)
3. All others declined	All courts with jurisdiction under grounds 1 or 2 have declined because an Idaho court is the more appropriate forum	§ 32-11-201(a)(3)
4. No other state	No court of any other state would have jurisdiction under grounds 1, 2, or 3	§ 32-11-201(a)(4)

Ground 1: Home State, Including the Six-Month Extension

An Idaho court has jurisdiction if Idaho is the child’s home state on the date the case is commenced (Idaho Code § 32-11-201(a)(1)). It also has jurisdiction if Idaho was the child’s home state within six (6) months before the case is commenced, the child is now absent from Idaho, and a parent or person acting as a parent continues to live in Idaho (§ 32-11-201(a)(1)).

This second part matters when a child has recently been moved out of Idaho. If a parent or person acting as a parent stays in Idaho, an Idaho court can still have home-state jurisdiction when the case is commenced within six (6) months after Idaho was last the child’s home state (§ 32-11-201(a)(1)).

Ground 2: Significant Connection and Substantial Evidence

This ground applies only if a court of another state does not have home-state jurisdiction, or a court of the child’s home state has declined to exercise jurisdiction on the ground that Idaho is the more appropriate forum under Idaho Code § 32-11-207 or § 32-11-208 (Idaho Code § 32-11-201(a)(2)). In addition, both of these must be true (§ 32-11-201(a)(2)(A)-(B)):

• The child and the child’s parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with Idaho other than mere physical presence; and
• Substantial evidence is available in Idaho concerning the child’s care, protection, training, and personal relationships.

Ground 3: Other Courts Have Declined

An Idaho court has jurisdiction if all courts having jurisdiction under grounds 1 or 2 have declined to exercise it on the ground that an Idaho court is the more appropriate forum to determine custody under Idaho Code § 32-11-207 or § 32-11-208 (Idaho Code § 32-11-201(a)(3)). Those two sections, on inconvenient forum and unjustifiable conduct, are explained on the Declining Jurisdiction page.

Ground 4: No Other State Has Jurisdiction

Finally, an Idaho court has jurisdiction if no court of any other state would have jurisdiction under the criteria in grounds 1, 2, or 3 (Idaho Code § 32-11-201(a)(4)).

Which Places Count as a “State”

A “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States (Idaho Code § 32-11-102(q)). An Idaho court must also treat a foreign country as if it were a state of the United States when applying the jurisdiction rules in parts 1 and 2 of the act (Idaho Code § 32-11-105(a)). See International and Tribal Cases for more.

When a Case Is Already Pending in Another State

Except for temporary emergency jurisdiction, an Idaho court may not exercise its jurisdiction if, when the Idaho case is commenced, a custody proceeding has already been commenced in a court of another state having jurisdiction substantially in conformity with the act (Idaho Code § 32-11-206(a)). This does not apply if the other state’s court has terminated or stayed its case because an Idaho court is a more convenient forum (§ 32-11-206(a)).

Before hearing a custody case, the Idaho court must examine the court documents and information the parties supply (§ 32-11-206(b)). If it finds a case was commenced in another state having jurisdiction substantially in accordance with the act, it must stay its own case and communicate with the other court (§ 32-11-206(b)). If the other court does not determine that Idaho is a more appropriate forum, the Idaho court must dismiss its case (§ 32-11-206(b)).

Information You Must Give the Court

Because jurisdiction turns on where the child has lived, each party must give certain information under oath in the first pleading or an attached affidavit, if reasonably ascertainable (Idaho Code § 32-11-209(a)). This includes the child’s present address or whereabouts, the places the child has lived during the last five (5) years, and the names and present addresses of the persons the child lived with during that period (§ 32-11-209(a)).

The pleading or affidavit must also state whether the party (§ 32-11-209(a)(1)-(3)):

• Has participated, as a party, witness, or in any other capacity, in any other proceeding concerning custody of or visitation with the child, and if so, the court, case number, and date of any custody determination;
• Knows of any proceeding that could affect the current case, including enforcement, domestic violence, protective order, termination of parental rights, and adoption proceedings, and if so, the court, case number, and nature of the proceeding; and
• Knows the names and addresses of anyone not a party who has physical custody of the child or claims custody or visitation rights, and if so, their names and addresses.

If this information is not furnished, the court may stay the case until it is (§ 32-11-209(b)). Each party has a continuing duty to inform the court of any proceeding in Idaho or any other state that could affect the current case (§ 32-11-209(d)).

Notice, Priority, and the Effect of the Order

Before a custody determination is made, notice and an opportunity to be heard must be given to all persons entitled to notice under Idaho law, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child (Idaho Code § 32-11-205(a)). Notice to a person outside Idaho may be given under Idaho law or the law of the state where service is made, and may be by publication if other means are not effective (Idaho Code § 32-11-108(a)). Notice is not required for a person who submits to the court’s jurisdiction (§ 32-11-108(c)).

If a question about jurisdiction is raised, it must be given priority on the court’s calendar and handled expeditiously upon request of a party (Idaho Code § 32-11-107). A custody determination made by an Idaho court that had jurisdiction binds all persons who were properly served or notified, or who submitted to the court’s jurisdiction, and who were given an opportunity to be heard (Idaho Code § 32-11-106). As to those persons, it is conclusive on all decided issues of law and fact, except to the extent it is later modified (§ 32-11-106).

Once an Idaho court makes an initial order, the rules on keeping and changing that order take over. See Continuing Jurisdiction and Modification. For Idaho’s rules on custody itself, see the Idaho child custody overview, and for an overview of this topic, return to Idaho Child Custody Jurisdiction (UCCJEA).

How I Can Help

I help parents and caregivers work out whether Idaho is the right place to file a custody case, looking closely at where the child has lived, who the child lived with, and whether a case has already been started elsewhere. I can also help prepare the sworn information about the child’s residence and other cases that the court requires. Request a consultation to discuss your situation.

This page provides general information about Idaho’s Uniform Child Custody Jurisdiction and Enforcement Act, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.