What Is the Idaho Best Interest of the Child Standard?

 

Understand the common factors Idaho’s judges use when making child custody decisions.

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Idaho courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Idaho Statutes Section 32-7177 which says:

In an action for divorce the court may, before and after judgment, give such direction 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.

How Courts Make Child Custody Decisions in Idaho

Idaho law directs the court to consider the following list of specific factors when deciding what is in the best interest of a child:

  • the parents’ wishes regarding custody
  • the child’s wishes regarding custody
  • the child’s relationship with each parent and any siblings
  • the child’s adjustment to home, school, and community
  • the character and circumstances affecting everyone involved in the decision
  • the need to promote continuity and stability in the child’s life
  • domestic violence under the laws of Idaho, whether or not in the presence of the child

The law gives Idaho judges a lot of flexibility to establish parental rights and responsibilities based on the child’s best interest. In addition to the guidelines provided by state statutes, the court may consider any other factors the judge finds relevant to the situation.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Idaho. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Idaho Code Section 32-717.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Idaho law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Idaho

Finding your local family court. In Idaho, family law cases are handled in the county district courts. Be sure to take advantage of any self-help resources your court offers.

Idaho Family Law Court for Fremont County


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Jurisdictional relevance: ST

There are versions of this article for each State.