If you only remember one point about child custody and parenting time in Idaho, remember this: Idaho uses Legal custody and physical custody; parenting time schedules implement physical custody.. Courts apply best-interests factors under § 32-717, including the parents’ wishes, the child’s wishes, interaction with family, adjustment to home/school, and character and circumstances of all involved. Joint custody is presumed to be in the child’s best interests unless the court finds otherwise; domestic violence can rebut the presumption. Procedure, examples, and the opinions below hang off Idaho Code §§ 32-717 to 32-717E. Relocation: A parent seeking to relocate with the child must generally show the move serves the child’s best interests and follow notice requirements in the decree or statute. Modification: A material, permanent, and substantial change of circumstances is required to modify custody.
Relocation with a child
A parent seeking to relocate with the child must generally show the move serves the child’s best interests and follow notice requirements in the decree or statute.
Walking through Idaho facts
Use this walkthrough to see which Idaho authority does the work at each step.
Two parents in Idaho disagree about where the child lives during the school week, and one wants to move.
- Use the labels Idaho actually uses: Legal custody and physical custody; parenting time schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 32-717, including the parents’ wishes, the child’s wishes, interaction with family, adjustment to home/school, and character and circumstances of all involved.
- Check any parenting presumption: Joint custody is presumed to be in the child’s best interests unless the court finds otherwise; domestic violence can rebut the presumption.
- If a move is proposed: A parent seeking to relocate with the child must generally show the move serves the child’s best interests and follow notice requirements in the decree or statute. Later changes follow: A material, permanent, and substantial change of circumstances is required to modify custody.
Custody is raised in divorce or a custody petition. Parenting classes and mediation are common. Final decrees allocate legal and physical custody under § 32-717.
Modifying a Idaho custody order
A material, permanent, and substantial change of circumstances is required to modify custody.
How custody cases typically move in Idaho
Custody is raised in divorce or a custody petition. Parenting classes and mediation are common. Final decrees allocate legal and physical custody under § 32-717.
Related Idaho guides
Case law: custody and parenting time in Idaho
Kimberly ROBERTS, Plaintiff-Appellant, v. Larry J. ROBERTS, Defendant-Respondent
…. As part of the divorce proceedings, the parties signed a "Custody and Property Settlement Agreement" (Custody Agreement) and a "Parenting Plan." *329 In the Custody Agreement, the parties agreed to share joint legal custody of the children with Kimberly receiving primary physical custody subject to Larry's rights as set forth in the Parenting Plan. The Custody Agreement also…
Practitioners open Kimberly ROBERTS, Plaintiff-Appellant, v. Larry J. ROBERTS, Defendant-Respondent when Idaho child custody turns on the distinction in this sentence: "As part of the divorce proceedings, the parties signed a 'Custody and Property Settlement Agreement' (Custody Agreement) and a 'Parenting Plan." Do not lift it out of the facts the court was deciding.
Joan Marie Bunney POESY, Plaintiff-Respondent, v. Glenn Paul BUNNEY, Defendant-Appellant
…unney on October 19, 1972. In the decree, Poesy was awarded custody of the four children of the marriage, and Bunney was granted rights of visitation. On April 29, 1974, Bunney sought to modify the decree and obtain custody of the children. That motion was denied on the grounds that there had been no substantial change in circumstances and was not in the best interest of the ch…
Joan Marie Bunney POESY, Plaintiff-Respondent, v. Glenn Paul BUNNEY, Defendant-Appellant is worth reading on Idaho child custody because the court put the point in its own words: "October 19, 1972. In the decree, Poesy was awarded custody of the four children of the marriage, and Bunney was granted rights of visitation. On April 29, 1974, Bunney sought to modify the decree and obtain custody of the children." Use that passage as the starting point, then read the facts that precede it.
Patrick A. BARTOSZ, Plaintiff-Respondent, v. Julie JONES, Fka Julie Goodman, Defendant-Appellant
…the trial court's denial of her petition to modify a child custody order to permit her to move her daughter to Hawaii. We affirm. I. Patrick Bartosz and Julie Jones met in 1989 when Patrick was visiting his family in Idaho. At the time, Patrick lived in California and was working as a marine technician. Julie was living in Boise and raising two children from a previous relatio…
On child custody, Patrick A. BARTOSZ, Plaintiff-Respondent, v. Julie JONES, Fka Julie Goodman, Defendant-Appellant speaks to the Idaho dispute in this passage: "Hawaii. We affirm. I. Patrick Bartosz and Julie Jones met in 1989 when Patrick was visiting his family in Idaho. At the time, Patrick lived in California and was working as a marine technician." The surrounding opinion shows how the court applied that language to the record.
Emily E. SUTER v. Jeffrey C. BIGGERS
Emily E. SUTER v. Jeffrey C. BIGGERS, 157 Idaho 542 (2014)
BURDICK, Chief Justice. This appeal arises from a custody dispute between Jeffrey Biggers (“Jeff’) and Emily Suter (“Emily”) over their two children. The trial court entered a temporary order that the boys enroll in school in Emmett, Idaho, until the conclusion of trial. After trial, the court found that it would be in the boys’ best interests to remain in the Emmett…
Emily E. SUTER v. Jeffrey C. BIGGERS is worth reading on Idaho child custody because the court put the point in its own words: "BURDICK, Chief Justice. This appeal arises from a custody dispute between Jeffrey Biggers (“Jeff’) and Emily Suter (“Emily”) over their two children. The trial court entered a temporary order that the boys enroll in school in Emmett, Idaho, until the conclusion of trial." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 32-717, including the parents’ wishes, the child’s wishes, interaction with family, adjustment to home/school, and character and circumstances of all involved.
- Labels used in Idaho: Legal custody and physical custody; parenting time schedules implement physical custody..
- Parenting-time posture: Joint custody is presumed to be in the child’s best interests unless the court finds otherwise; domestic violence can rebut the presumption.
- Relocation: A parent seeking to relocate with the child must generally show the move serves the child’s best interests and follow notice requirements in the decree or statute.
- Modification: A material, permanent, and substantial change of circumstances is required to modify custody.
- Primary authority: Idaho Code §§ 32-717 to 32-717E.
Best-interests factors in Idaho
Courts apply best-interests factors under § 32-717, including the parents’ wishes, the child’s wishes, interaction with family, adjustment to home/school, and character and circumstances of all involved.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parenting time schedules implement physical custody.
Joint custody is presumed to be in the child’s best interests unless the court finds otherwise; domestic violence can rebut the presumption.
Frequently asked questions
What does Idaho call “custody”?
Legal custody and physical custody; parenting time schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child must generally show the move serves the child’s best interests and follow notice requirements in the decree or statute.
How do I change an existing custody order in Idaho?
A material, permanent, and substantial change of circumstances is required to modify custody.
This guide covers Idaho custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.