This bill amends various sections of the Idaho Code related to child custody, emphasizing the importance of parental rights and responsibilities while introducing a presumption of equal custody allocation. It establishes that when parents cannot agree on custody or parenting time, the court will intervene to determine the best interests of the child, considering factors such as the wishes of the parents and the child, the child's adjustment to their environment, and the need for stability. Notably, the bill includes provisions for parents with disabilities, allowing them to present evidence on how adaptive equipment or supportive services can assist them in fulfilling their parenting responsibilities.
Additionally, the bill introduces a new section defining key terms related to custody, such as "custodial parent," "joint legal custody," and "substantially equal parenting time." It establishes a presumption that substantially equal parenting time and joint legal custody are in the best interests of the child unless clear and convincing evidence suggests otherwise, particularly in cases involving domestic violence. The bill also mandates that parties in contested custody proceedings participate in alternative dispute resolution before trial. The changes are set to take effect on January 1, 2027.
Statutes affected: Bill Text: 32-717, 32-717B, 32-1705