Idaho Child Custody Laws

Part of my Idaho Family Law 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 Family LawTopic 5 of 9: Child Custody

In an Idaho divorce, the court may, before and after judgment, give directions for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children (Idaho Code § 32-717(1)). The court may also decide custody in a decree of legal separation (§ 32-704(2)).

When married parents live apart without being divorced, a court may, on the application of either parent who is an inhabitant of Idaho, decide custody of an unmarried minor child of the marriage. That decision must be guided by the welfare of the child (Idaho Code § 32-1005(1)). This page explains the custody rules in the Idaho Code for parents, grandparents and others involved in these cases.

Parents’ Rights to Custody

The father and mother of a legitimate unmarried minor child are equally entitled to the child’s custody, services and earnings (Idaho Code § 32-1007). If one parent is dead, is unable or refuses to take custody, or has abandoned the family, the other parent is entitled to custody (§ 32-1007).

Parents who have legal custody of a minor child have the fundamental right to make decisions about the child’s care, custody and control, and the fundamental right and duty to make decisions about the child’s education (Idaho Code §§ 32-1011, 32-1012). For more on these rights, see our Idaho parent and child law page.

The Best-Interest Factors

In deciding custody in a divorce, the court shall consider all relevant factors, which may include (Idaho Code § 32-717(1)):

• (a) The wishes of the child’s parent or parents as to his or her custody;
• (b) The wishes of the child as to his or her custodian;
• (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
• (d) The child’s adjustment to his or her home, school, and community;
• (e) The character and circumstances of all individuals involved;
• (f) The need to promote continuity and stability in the life of the child; and
• (g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.

The list is not exclusive. The court must consider all relevant factors, and the statute says these factors “may include” the ones listed (Idaho Code § 32-717(1)).

Joint Custody

Except where a parent is found to be a habitual perpetrator of domestic violence (see below), absent a preponderance of the evidence to the contrary, there is a presumption that joint custody is in the best interests of a minor child (Idaho Code § 32-717B(4)). A presumption is a starting point the court applies unless enough evidence shows otherwise. If the court declines to award joint custody, it must state its reasons in its decision (§ 32-717B(1)).

Term	Meaning under the Idaho Code
Joint custody	An order awarding custody to both parents and providing that physical custody is shared so as to assure the child frequent and continuing contact with both parents (Idaho Code § 32-717B(1))
Joint physical custody	An order giving each parent significant periods of time in which the child lives with or is under the care and supervision of that parent (§ 32-717B(2))
Joint legal custody	A determination that the parents must share decision-making rights, responsibilities and authority about the child’s health, education and general welfare (§ 32-717B(3))

The court may award joint physical custody, joint legal custody, or both, as it determines is in the child’s best interests (Idaho Code § 32-717B(1)). Joint physical custody does not necessarily mean equal time, or that the child must alternate between homes over set periods. The actual amount of time with each parent is determined by the court (§ 32-717B(2)).

Domestic Violence and Abuse Allegations

Domestic violence, whether or not in the child’s presence, is one of the listed best-interest factors (Idaho Code § 32-717(1)(g)). There is a presumption that joint custody is not in a child’s best interests if the court finds one parent to be a habitual perpetrator of domestic violence as defined in § 39-6303 (§ 32-717B(5)).

When an allegation of child abuse or child sexual abuse implicating either party is made in a divorce or in a request to modify a divorce decree, the court shall order the Idaho Department of Health and Welfare to investigate (Idaho Code § 32-717C). The department must conduct the investigation within thirty (30) days of the court’s notice and request, and no final award of custody or visitation may be made until the court receives the report (§ 32-717C).

Parents With Disabilities

Nothing in the divorce chapter or the parent and child chapter allows discrimination on the basis of disability (Idaho Code §§ 32-717(5), 32-1005(3)). A parent with a disability has the right to present evidence about how adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities, and the court must advise the parent of that right (§ 32-717(2)).

Evaluations of parental fitness must take adaptive equipment and supportive services into account and must be done by, or with help from, a person with expertise concerning that equipment and those services (Idaho Code § 32-717(2)). If the court finds a parent’s disability relevant to custody, it must make specific findings about the disability and what effect, if any, it has on the child’s best interests (§ 32-717(5)).

Grandparents

When a child is actually living with a grandparent in a stable relationship, the court may treat the grandparent as having the same standing as a parent when evaluating custody arrangements (Idaho Code § 32-717(3)). Separately, the district court may grant reasonable visitation rights to grandparents or great-grandparents upon a proper showing that visitation would be in the child’s best interests (§ 32-719).

Other non-parents who care for children are addressed on our de facto custodians and temporary caregivers page.

Help for the Court and the Child

• Attorney or guardian ad litem for the child. The court may appoint an attorney or guardian ad litem to represent a child’s interests in support, custody and visitation, but only when it considers legal representation or other assistance necessary beyond services already authorized. The court shall order either or both parents to pay the costs and fees, unless both parties are indigent, in which case the county pays (Idaho Code § 32-704(4)).
• Parenting coordinator. After a custody judgment or order is entered, the court may appoint a parenting coordinator, who must be neutral and who must report to the court at least once every six (6) months (Idaho Code § 32-717D(1)-(2)). The coordinator’s role includes collaborative dispute resolution in parenting, and the court allocates the coordinator’s fees between the parties (§ 32-717D(3)-(4)).
• Supervised access provider. When the court orders contact to happen only in the presence of an approved provider, or orders supervised exchanges, it may appoint a supervised access provider. A paid provider must first submit to a fingerprint-based criminal history check at his or her own cost (Idaho Code § 32-717E).

Access to the Child’s Records

A parent may not be denied access to a child’s records and information, including medical, dental, health and school records, just because that parent is not the custodial parent (Idaho Code § 32-717A). However, the child’s address must be deleted from records given to that parent if the custodial parent has asked the records custodian in writing to do so (§ 32-717A).

Changing a Custody Order

The court’s power to give directions for custody applies both before and after judgment (Idaho Code § 32-717(1)). If the court finds that a modification proceeding is vexatious and constitutes harassment, attorney fees and costs shall be assessed against the party seeking the modification (§ 32-718).

Military Parents

When an active member of the Idaho national guard is ordered or called to duty, or a military reservist is ordered to active federal service, that service is not a substantial or material and permanent change in circumstance that allows reducing the member’s previously decreed custody and visitation (Idaho Code § 32-717(6)).

Special rules apply when the federal Servicemembers Civil Relief Act applies to a petition to modify custody. If the court finds modification is in the child’s best interests under § 32-717 and the servicemember parent is deployed, the court may only enter an order temporarily modifying custody during the deployment (Idaho Code § 32-720(1)(a)). That order expires sixty (60) days after the court and all persons entitled to notice are notified that the deployment is complete (§ 32-720(1)(a)).

Before the temporary order expires, a party may file a motion alleging that letting it expire would not be in the child’s best interests; the court may then hold an expedited or emergency hearing, and the order is extended until the court rules (Idaho Code § 32-720(1)(a)(i)-(ii)). If deployment affects a servicemember’s ability to appear at a hearing, the court may provide for an expedited hearing, and if it prevents appearing in person, the court may allow testimony and evidence by electronic means (§ 32-720(1)(b)-(c)).

Related Topics

Custody is usually decided alongside child support and property division and maintenance in an Idaho divorce. Which state’s courts can decide custody in the first place is covered in our Idaho child custody jurisdiction overview.

How I Can Help

I help Idaho parents and grandparents understand how the best-interest factors and the joint custody presumption apply to their families, prepare evidence for the court, and seek or respond to requests to change custody orders. If you have a custody question, Request a consultation to discuss your situation.

This page provides general information about Idaho family law, 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.