Custody And Parenting Time
Idaho Code § 32-717 and Idaho Code § 32-717B — the child's best interests, and a presumption of joint custody
- The parents' wishes, and the child's.
- The child's relationship with each parent and with brothers and sisters.
- The child's adjustment to home, school and community.
- The character and circumstances of everyone involved.
- Continuity and stability in the child's life.
- Domestic violence, whether or not the child was present.
Joint custody is presumed. Unless a preponderance of the evidence shows otherwise, joint custody is presumed to be in a child's best interests. A court that declines to order it states its reasons.
Joint physical custody gives each parent significant periods of time, and does not mean equal time or a set rotation. Joint legal custody means the parents share decisions about the child's health, education and welfare.
Domestic violence turns the presumption around. Where the court finds a parent to be a habitual perpetrator of domestic violence, joint custody is presumed not to be in the child's best interests.
A parent with a disability may show how adaptive equipment or support services let them parent, and the court tells the parent of that right. A particular case is a question for a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 32-717 — Custody of children — Best interest
- Idaho Code § 32-717B — Joint custody
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.