ID · STATE RESEARCH

Idaho custody &
parenting time.

Idaho law starts from the idea that joint custody is best for your child, but joint custody does not have to mean an exact 50/50 split. There is no standard statewide schedule; the judge sets the time based on your child's best interests.

IN PLAIN ENGLISH

How custody works in Idaho

Idaho talks about two kinds of custody. [ID-P2] Joint legal custody means both parents share decisions about the child's health, education and general welfare. [ID-P2] Joint physical custody means each parent has significant periods of time when the child lives with them or is in their care. [ID-P2]

The law presumes joint custody is in the child's best interests unless the evidence shows otherwise. [ID-P2] But joint physical custody does not have to mean equal time, or switching back and forth on a set rotation; the judge decides how much time the child spends with each parent. [ID-P2] If the judge does not order joint custody, the judge must explain why in the decision. [ID-P2]

Idaho has no statewide visitation calendar. [ID-P8] Parents fill in their own schedule, holidays and summer on the state's Parenting Plan form, and the judge can approve it or set a different plan. [ID-P8, ID-P5]

The joint custody presumption flips if the judge finds one parent is a habitual perpetrator of domestic violence: then the law presumes joint custody is not in the child's best interests. [ID-P2]

Words you’ll see in your papers

Joint legal custody
Both parents share the right and duty to make decisions about the child's health, education and general welfare. [ID-P2]
Joint physical custody
Each parent has significant periods of time with the child. It does not have to be equal time. [ID-P2]
Sole custody
One parent has the main decision-making or living arrangement. In almost all sole physical custody cases, the other parent still has regular visitation. [ID-P3]
Parenting plan
The written schedule for when the child is with each parent, plus holidays, summer and exchanges. Idaho's self-help form is called CAO FL 3. [ID-P8]
Family Court Services
Court staff in each judicial district who offer custody mediation, help with parenting plans, parent education and referrals. [ID-P4]

COMMON QUESTIONS

What parents in Idaho ask first

Does Idaho start from 50/50?

Not exactly. Idaho presumes joint custody is best for the child, but the law says joint physical custody does not have to mean the same amount of time with each parent. [ID-P2] The judge sets the actual amount of time. [ID-P2]

What does the judge look at?

The judge decides what is in the child's best interests and considers all relevant factors, which can include: what each parent wants; what the child wants; the child's relationships with parents and siblings; how the child is doing at home, school and in the community; the character and circumstances of everyone involved; the need for continuity and stability in the child's life; and domestic violence, whether or not it happened in front of the child. [ID-P1] A parent with a disability can show how equipment or support services help them parent. [ID-P1]

Is there a standard schedule?

No. Idaho's Parenting Plan form is fill-in-the-blank: parents write in the specific days and times for each parent, plus holidays, summer and school breaks. [ID-P8] Family Court Services can help parents work out a plan or mediate disagreements. [ID-P4]

Does my child get to choose?

Not before 18. There is no specific age in Idaho law at which a child may choose where to live. [ID-P4] The child's wishes are one factor, a child may be interviewed so the judge can hear their reasons, and the judge makes the final decision. [ID-P1, ID-P4]

Can I move away with my child?

Idaho's custody statutes do not set a notice period or a mileage rule for moving. [ID-P1, ID-P2] When a move is disputed, the parent who wants to move with the child has to prove the move is in the child's best interests. [ID-P3] Idaho's joint custody presumption does not create a presumption against moving, and judges weigh the facts of each family, such as schools, jobs and who has been the main caregiver. [ID-P3]

Can the order be changed later?

Yes. You file a petition to modify, and the court may change custody or visitation if there has been a substantial and material change in circumstances and the change is in the child's best interest. [ID-P7, ID-P6] If an Idaho National Guard member is called to duty, or a military reservist is ordered to active federal service, that service alone is not a reason to reduce their custody or visitation. [ID-P1]

We were never married. What happens first?

You file a petition asking the court to establish paternity and set a parenting time schedule and child support. [ID-P4] The state's self-help packet for this is the Petition for Paternity, Custody, Visitation and Support, and the court can order genetic testing if paternity is disputed. [ID-P5]

What if I am not safe?

If the judge finds a parent is a habitual perpetrator of domestic violence, the law presumes joint custody is not in the child's best interests. [ID-P2] Domestic violence is also one of the factors the judge weighs in every custody decision. [ID-P1] Family Court Services offers supervised access, and information about civil protection orders is available through the courts. [ID-P4] If you are in immediate danger, call 911. [ID-P4]

Free, official places to start

LOCAL SPOTLIGHT · BOISE

Ada County

Ada County Magistrate Court, Fourth Judicial District (Family Court Services)

Ada County's Family Court Services offers parenting plan development, child custody mediation, brief focused assessments, parenting time evaluations, parenting coordination and supervised visitation. [ID-P9] It runs an online Focus on Children class, with a separate version for modification cases, for cases filed in Ada, Boise, Elmore and Valley counties; the class fee is $25. [ID-P10] The court also holds a free online workshop on Wednesdays from 5:30 to 6:30 p.m. to answer questions about divorce, custody and modification forms before you file. [ID-P9] We did not find a separate Ada County parenting-time schedule; families use the statewide Parenting Plan form. [ID-P8, ID-P9]

Other counties in Idaho can have different local rules and forms. Check the court where your case is filed.

THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES

No fixed statewide schedule identified

Research overview

No fixed statewide calendar identified. Joint-custody statute and CAOFL3 contemplate individualized significant parenting periods. [ID1, ID2]

Legal force and applicability

Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.

Authority and geographic scope

No fixed statewide calendar identified. Joint-custody statute and CAOFL3 contemplate individualized significant parenting periods. [ID1, ID2]

Custody and parenting-time presumptions

I.C.32-717B(4) presumes joint custody absent contrary preponderant evidence, subject to habitual-domestic-violence exception. Subsection 2 explicitly says joint physical custody does not necessarily mean equal periods. [ID1]

Schedule & conditions

Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.

Regular school-year schedule

CAOFL3 provides a fill-in residential plan rather than a preselected statewide rotation. [ID2]

Holidays and school breaks

Holidays and special occasions are allocated in the individual plan; blank choices are not a statewide order. [ID2]

Summer and vacation time

Summer/vacation selections require case-specific entries. [ID2]

Age and development

No automatic statewide infant/school-age possession tiers identified in the reviewed code/form. [ID1, ID2]

Distance, travel, and relocation

Use the actual schedule and transportation terms. No numerical statewide mileage-triggered calendar identified. [ID1, ID2]

Safety & exceptions

Habitual domestic violence carries a statutory presumption against joint custody; safety orders can require restrictions. [ID1]

FOLLOW THE AUTHORITY

Official sources

The statutes, rules, forms and court pages this guide draws on. Read the current version at the source; laws change.

  1. ID1

    Idaho Code 32-717B Joint custody

    Idaho Legislature · statute

  2. ID2

    CAOFL3 Parenting Plan

    Idaho Court Assistance Office · official form

  3. ID3

    Family Court Services

    Idaho Supreme Court · court guidance

  4. ID5

    2026 H0824 bill history

    Official legislature/judiciary · supplemental primary source

Sources for the plain-English guide

Official statutes, courts and nonprofit self-help sites only.

  1. ID-P1
  2. ID-P2
  3. ID-P3

    Custody Basics Guide

    Idaho Legal Aid Services

  4. ID-P4
  5. ID-P5

    Custody & Paternity forms

    Idaho Court Assistance Office

  6. ID-P6
  7. ID-P7
  8. ID-P8

    CAO FL 3 Parenting Plan

    Idaho Court Assistance Office

  9. ID-P9

    Family Court Services

    Ada County Judicial Court

  10. ID-P10

    Focus on Children Classes

    Ada County Judicial Court