Bill > S1395

This bill aims to revise Idaho's child custody laws by establishing legislative findings and intent that prioritize parental rights and the preservation of familial bonds, stating that parental rights can only be restricted with clear and convincing evidence of unfitness or necessity, and that the state's role is secondary to that of parents. It amends existing law to require courts to consider all relevant factors when determining custody, including the wishes of the child and parents, the child's adjustment to their environment, and domestic violence, while also ensuring parents with disabilities have the right to present evidence on how adaptive equipment or supportive services can help them parent. A key provision introduces a presumption in favor of substantially equal parenting time and joint legal custody, meaning both parents share decision-making and have nearly equal physical custody, unless there is a showing of good cause by clear and convincing evidence to the contrary, or if one parent is a habitual perpetrator of domestic violence. The bill also adds new definitions for terms like "custodial parent," "joint legal custody," and "substantially equal parenting time" to clarify these concepts within the context of custody determinations and updates a reference to these definitions in a section concerning de facto custodians, who are individuals recognized by the court as having standing to exercise care, supervision, or custody of a child, such as grandparents in stable caregiving roles.

Justice

Judiciary and Rules Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1395/