Custody & Jurisdiction
This "state" has jurisdiction to make an initial child custody determination if the child lived there with a parent for at least six consecutive months immediately before the proceeding commenced.
What is the Home state? Citation: Idaho Code § 32-11-102(g); Idaho Code § 32-11-201(a)(1).
Because the right to parent is a fundamental liberty interest, the state must prove grounds for termination by this high evidentiary standard.
What is clear and convincing evidence? Citation: Idaho Code § 16-2009.
A guardian of a minor has the powers and responsibilities of a parent, except that the guardian is not legally obligated to provide this from their own funds.
What is financial support (or providing for the ward)? Citation: Idaho Code § 15-5-209.
Unless acquired by gift or inheritance, all property acquired after marriage by either husband or wife is presumed to be this.
What is Community Property? Citation: Idaho Code § 32-906.
Under I.R.F.L.P. Rule 707, parties may voluntarily waive the rules of evidence and allow the court to question them directly in this type of proceeding.
What is an Informal Trial? Citation: I.R.F.L.P. Rule 707.
Under the De Facto Custodian Act, a person who is not a parent may intervene for custody if they have been the primary caregiver and financial supporter of a child for this specific length of time (if the child is under three years of age).
What is six months? Citation: Idaho Code § 32-1703(1)(a)
Failure to maintain a normal parental relationship (contact or support) without just cause for this period constitutes prima facie evidence of abandonment.
What is one year? Citation: Idaho Code § 16-2002(5).
Unlike terminating parental rights, a petition to terminate a guardianship only requires proof by this lower standard of evidence.
What is a preponderance of the evidence? Citation: Murray v. Dalton, 558 P.3d 1057; In re Doe, 166 Idaho 720.
Idaho is a "no-fault" divorce state, allowing dissolution of marriage based on these grounds, alongside traditional grounds like adultery or extreme cruelty.
What are Irreconcilable Differences? Citation: Idaho Code § 32-603; § 32-616.
To protect due process rights, a hearing for the termination of a parent-child relationship must be preserved by stenographic notes or this.
What is a mechanical recording? Citation: Idaho Code § 16-2009.
While Idaho law presumes joint custody is best, this specific legal presumption does not exist when a custodial parent wishes to move out of state with the child.
What is a presumption against relocation? Citation: Hess v. Hess, 560 P.3d 1126.
This statutory ground for termination applies if a parent is unable to discharge parental responsibilities and the inability will continue for a prolonged, indeterminate period.
What is neglect (or inability to discharge responsibilities)? Citation: Idaho Code § 16-2005(1)(d).
A court may appoint a guardian for a minor if parental rights are terminated, or upon a finding that the child is neglected, abused, abandoned, or the parents are unable to provide this.
What is a stable home environment? Citation: Idaho Code § 15-5-204
Under I.R.F.L.P. Rule 120, the basic child support obligation is calculated based on the parents' combined this.
What is Guidelines Income? Citation: I.R.F.L.P. Rule 120(e).
In a divorce proceeding involving allegations of child abuse, the court "shall" order an investigation conducted by this agency.
What is the Department of Health and Welfare? Citation: Idaho Code § 32-717C.
Under the UCCJEA, an Idaho court may take temporary emergency jurisdiction if a child is present in the state and has been abandoned, or to protect the child from this.
What is mistreatment or abuse? Citation: Idaho Code § 32-11-204(a).
Under the "15/22 rule," neglect is defined as failing to comply with a case plan when the Department has had custody of the child for 15 of the most recent 22 months and this event has not occurred.
What is reunification? Citation: Idaho Code § 16-2002(3)(b).
This legal document allows a parent to appoint a guardian for their minor children in the event of the parent's death, which has priority over court appointments.
What is a will (or testamentary appointment)? Citation: Idaho Code § 15-5-202.
A court may modify an existing child support order only upon a showing of this.
What is a substantial and material change of circumstances? Citation: Idaho Code § 32-709; Rule 120(d).
This rule requires parties in contested family law proceedings to automatically provide financial documents like tax returns and pay stubs to the other party.
What is Mandatory Disclosure (or I.R.F.L.P. Rule 401)? Citation: I.R.F.L.P. Rule 401.
In divorce actions, the court determines custody based on the "best interests of the child," considering factors such as the parent's wishes, the child's adjustment to school, and this specific factor set forth in Idaho Code § 39-6303.
What is domestic violence? Citation: Idaho Code § 32-717(1)(g).
Even if a statutory ground like abandonment or neglect is proven, the court must still make this second, independent finding to terminate rights.
What is the best interests of the child? Citation: Idaho Code § 16-2005(1).
According to Murray v. Dalton, the Idaho Parental Rights Act (strict scrutiny) does not apply to guardianship actions initiated by these individuals.
Who are private parties? Citation: Murray v. Dalton, 558 P.3d 1057.
While the "date of valuation" for property is usually the date of divorce, broadly speaking, this specific type of asset acquired during marriage—such as military benefits—must be divided by the court.
What are Retirement Benefits? Citation: Idaho Code § 32-712; Walborn v. Walborn.
Under Idaho Code § 32-717D, a court may appoint this professional to help parents resolve disputes about the implementation of a custody order.
What is a Parenting Coordinator? Citation: Idaho Code § 32-717D; I.R.F.L.P. Rule 1002.