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EspañolCan the non-custodial parent have access to the child's records?
A parent who does not have custody, known as the “non-custodial parent,” can still have access to the child’s records and information. This includes medical, dental, health, and school or educational records. However, the parent with custody, known as the “custodial parent,” can ask for the child’s address to be deleted from the records. If the custodial parent writes to the person who keeps the records at each location, known as the “records custodian, and asks for the address to be deleted, then the records custodian must do it.1
1 I.C. § 32-717A
Can I ask the judge to change the custody order after it is issued?
If you want to change your order, you can file a petition for modification. You must prove to the judge that:
- there has been a substantial and material change in circumstances; and
- the change you are asking for is in your child’s best interests.1
However, if only a “brief period of time” has passed since the judge issued your order, the judge may not agree to change it except to fix a clerical error. The law doesn’t specifically define how much time you need to wait before you can file a modification petition, though. Whether the judge agrees to hear your case could depend on many factors, such as:
- the individual judge;
- the type of change you’re asking for; and
- whether or not both parents agree to the change.1
You may want to speak with a lawyer in Idaho to get advice for your situation.
Also, the judge will make an exception if you or the other parent is a military service member and deploying. The judge can change your custody and visitation order temporarily while a parent is deployed. Then, after the parent returns from the deployment, the judge can quickly schedule a hearing to decide whether or not to continue the temporary order.2
Note: If the judge believes that one parent filed a modification petition just to annoy or harass the other parent, the judge can order the parent who filed to pay for the other parent’s lawyer and legal fees.3
1 See Instructions for Filing a Modification Petition on the Idaho Courts website
2 I.C. § 32-720
3 I.C. § 32-718
Where can I find additional information about custody in Idaho?
You can find more information on the Idaho Courts Self-Help website. They have the forms for different types of cases:
- custody, paternity, visitation, and child support;
- changing a custody, visitation, or child support order;
- and more.
They also have brochures about custody, visitation, paternity, child support, and related topics.
You can also get information from the Court Assistance Offices, called “CAOs” for short. They can help you in the following ways:
- review court forms and documents before you file them;
- answer general questions about forms and documents;
- help you calculate child support or complete a parenting plan;
- let you use a computer to fill out interactive forms or do legal research on the law library website; and
- show you instructional videos, brochures, and pamphlets about the court system, family law, and domestic violence.
To find your local CAO location, click here.
WomensLaw.org does not have a relationship with these websites or endorse their services. We provide these links for your information only.
If I move to a new state, can I transfer my child custody case there?
After you get a final custody order, there may come a time when you and your children move to a different state. You can learn about transferring a custody case to a different state on our website.
Keep in mind that parents often need to get permission from a judge or the other parent to move out of state with their children. Therefore, it’s important to talk to a lawyer before you move. A lawyer can help you make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
