Updated January 28, 2024
An Idaho custody (parenting) plan is a document outlining important custody terms over a child, such as each parent’s caretaking responsibilities and decision-making authority, policy for scheduling changes, how exchanges will be handled, and more. In Idaho, courts favor joint custody in the best interest of the child.
Child Custody Factors
Under § 32-717, Idaho courts must consider the following factors when determining the best interest of the child:
- The wishes of the child’s parents
- The wishes of the child
- Existing relationship between the child and their parents and siblings
- The child’s adjustment to their home, school, and community
- The character and circumstances of all people involved
- The need to promote continuity and stability in the child’s life
- History of domestic violence in the presence of the child
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How to File for Custody in Idaho
1. Agree on a Parenting Plan
In Idaho, a parenting plan agreement is one of eight forms that must be completed to open a custody case.[1] An official parenting plan form (CAO-FL3) must be filled out by typing or using black ink.
If both parents are in agreement over the custody terms, the case can be finalized by stipulation. This means the decree or judgment is sent straight to the judge’s desk to be signed without a hearing or a trial.
On the other hand, if the parents disagree on the custody terms, the case will likely proceed to a hearing. If the other parent does not respond to the petition, the case can be finalized by default without their input.
2. Calculate Child Support
The amount of child support ordered by the court is determined using the Idaho Child Support Guidelines.[2] Factors that impact the award amount include each parent’s income, the number of children, childcare costs, and more.
Fill out one of the following forms depending on the type of custody:
3. Sign and File with the Clerk
Both parents must sign a sworn stipulation, which certifies that all information they provide is true and accurate, subject to perjury. This must be submitted to the local court clerk’s office with the other required case documents, including the parenting plan agreement. The filing fee for an initial custody case is $166.[3]
Depending on the county, attending a parenting class may be required after filing the papers.
4. Receive Court Order
Once filed, the clerk will send the case file to the judge for approval. If the judge signs the decree or judgment, the parents will receive a copy of the new decree or judgment in the mail. If the judge requires a hearing, parents will be notified.
Custody Laws
- Child’s preference: Idaho courts may consider the child’s preference when determining custody. (§ 32-717(1)(b))
- Grandparents’ visitation rights: § 32-719
- Idaho Parental Rights Act: § 32-1010
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 32, Chapter 11
Related Forms
