Divorce Idaho Custody

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It is seen that disintegration of the marital union can have many effects on the personal and professional life of the spouses. Due to disintegration of the family and separation from a partner, an individual loses regular contact and rights over the kids. Also, children have negative impact of marital dissolution, if they are not provided a proper support and secure environment. But, ensuring best interests of child, is a way to lessen the intensive harmful effects. Usually, the matters of guardianship is handled by the court. In the same way, divorce custody in Idaho is a legal issue carried out by the state and county court.

Important Issues in Divorce Custody in Idaho

Any issue of guardianship in this state is treated by considering all aspects of the family involved in such a case. The factors that are considered relevant to child guardianship are as follows. These have been mentioned in Idaho Code, Title 32, Chapter 717.

  • Any past record of domestic violence irrespective of whether it had occurred in the absence or presence of the child.
  • The necessity to foster stability and continuity in the life of the minor one.
  • The characters and situations of all the persons related to the case.
  • The behavior of the child in school, community places or at home.
  • The relations and communication among the family members.
  • According to the wishes of the kid, who should become his/her custodian?
  • The desires of the father and mother regarding the plan.

Addressing disability in Divorce Custody in Idaho

It is important to clear the idea about disability before getting to this topic. The court defines disability in medical terms in the following way:


In case of any individual, "Disability" is defined as a physical or mental impairment that considerably hampers one or more life activities of the individual inclusive of, but not limited to, the following.

  • Working
  • Learning
  • Speaking
  • Hearing
  • Seeing
  • Walking
  • Manual tasks
  • Self care
Disability also implies existence of a record of the above mentioned impairment or any other person pointing out that the parent has such impairment. The court determines if impairment would considerably hamper a major life activity without considering how mitigating or corrective measures are being used to control the effects of the impairment.


The parent with a disability is given the right to produce information and proof in the court pertaining to the fact that supportive services or adaptive equipment would facilitate the person to execute the responsibilities. The court advises the disabled partner on this matter.

A person, who is an expert in adaptive equipment and supportive services, conducts an evaluation of parental fitness. This expert considers how the disabled person can be fit after the use of adaptive equipment and supportive services. The court will finalize the decision after taking into account all factors mentioned above.

Various Aspects of Divorce Custody in Idaho

Apart from the points considered while giving a parenting responsibility, there are several issues that are attached to this issue. Here is a brief look at them

Can a non-custodial parent view the child's records?

Just because a person is a non custodial spouse, he or she is not prohibited access to information and records of his/her minor child. For example, access is not denied to educational, school, health, dental and medical records.

However, the custodial partner has the right to advise the authorized person to delete the minor's address from the records that are viewed by the non custodian.

Are Grandparents eligible for having Child Custody?

Third-party is preferred only when both partners are regarded as 'unfit' for handling a child. In such case, a grandparent may apply for guardianship rights. But, there are some conditions that to be fulfilled by such person:

  • A person seeking legal rights should be sole caretaker and custodian for at least six consecutive months.
  • A kid must be residing with such individual since birth or for minimum six months.

The Military Service Members and Custody Issues

Idaho court states that there will be no change in legal rights of a serving spouse if he or she is called for service. That is, active duty will be not be considered as a reason for modification or alteration in court order and visitation schedules.

Divorce court in this state do not award guardianship on the basis of gender differences or financial positions. The only aim of a court is to ensure the best interests of a child.

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