Custody

If a child is in danger, you can ask the court for an Emergency Temporary Custody Order. This short-term order can give one parent custody right away to keep the child safe until a hearing is held. This packet includes simple, step-by-step forms and instructions to guide you through the process.

Understanding child custody in Idaho can be complicated. This guide explains the difference between joint and sole custody, how courts decide what’s in a child’s best interests, and what factors judges consider. It also includes links to court forms and other helpful resources for parents.

The attached PDFs describe the Idaho child custody court process generally and in more detail for custody and divorces with minor children cases. These PDFs show the stages of a court case you will go through before the judge enters an order regarding a divorce with custody, visitation, and/or child support or a custody, visitation, and/or child support judgment.

The Uniform Family Law Interrogatories are questions to ask the other party to gain information and evidence regarding your family law case. You can edit this document as necessary for your case. 

You can have up to 40 questions in your interrogatories and you can delete any question in the Uniform Interrogatories that is not applicable to your case. Interrogatories and their subparts can count as additional questions toward the 40 questions (please read Rule 413 of Idaho Rules of Family Law Procedure, linked below). You can ask specific questions in your interrogatories that are relevant to your case (so relevant to property (if a divorce case), physical or legal custody, visitation, or child support issues). For example, one non-uniform question may be: "Who is the minor child's counselor? Please provide name and contact information for the counselor and the length of time the minor child has been seeing this counselor." 

Please note that you will likely have to answer Interrogatories sent by the opposing party or his or her attorney as well. These will have to be filled out, your signature must be notarized, and then you must send them to opposing party or his or her attorney within 30 days of being served with them. 

For information about interrogatories, see Idaho Rules of Family Law Procedure 413 and Idaho Rules of Family Law Procedure 414. For the most up-to-date Uniform Family Law Interrogatories, please visit the Idaho Supreme Court's website and refer to Form 2.