The state takes into account the key perspectives: whom the child wants to be her/his custodian, and whom each of the parents want to have custody.
Child Custody by Law
Other factors that are considered in determining custody for a child may include, per the law:
- a desire for stability and continuity in the child’s life
- the parameters and character of all people pertinent to custody
- extent to which the child is accustomed to a particular community, school, or home
- relationships of the child with their parents, as well as with their siblings
- presence of domestic violence, whether or not the child is present
The same standards apply related to custody if the child is currently living with their grandparents and in a stable setting. If grandparents have physically and financially cared for a child for a year or more (six months or more if the child is under three), they can be granted de facto custodian status.
Child Custody Involving Disability
Disability may be a factor in making it difficult for an individual to parent effectively and responsibly. A parent with a disability can submit information on their use of supportive and adaptive services and equipment to help them overcome constraints.
Custody of Children In Idaho
Child Custody is covered within Idaho Statutes Section 32-717, “Custody of Children — Best Interest.” Idaho Statutes Section 32-1005, “Custody of Children After Separation of Parents,” also covers child custody.
Idaho, like all other jurisdictions in the US, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law clarifies which state is in charge in child custody scenarios. Typically the law applies when a parent with custody moves to another state.