1 bill · 2026 Regular Session
Amends, repeals, and adds to existing law to revise provisions regarding Idaho child custody laws.
This bill revises Idaho’s child custody laws to strengthen protections for fundamental parental rights and establish a presumption that substantially equal parenting time is in a child’s best interest unless rebutted by clear and convincing evidence of substantial harm. It requires courts to hold evidentiary hearings and issue detailed written findings before restricting a parent’s custody or parenting time, and it limits the use and duration of temporary, ex parte, or supervised visitation orders without proper findings. The bill creates structured “restoration plans” to ensure that any restricted parenting time is automatically returned once specific, objective conditions are met, and it mandates compensatory time when parenting time is wrongfully denied. It provides both parents equal access to their child’s medical, educational, and other records regardless of custodial status, and clarifies standards for abuse investigations and the role of court-appointed professionals. Additionally, it defines key custody-related terms, establishes remedies for violations of the statutory protections, and updates related code sections to align with the new framework.