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Know the Laws: Idaho

UPDATED July 16, 2017

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WomensLaw.org does not currently have Idaho-specific custody law information.  For now, we have provided links to information we hope you find helpful. (WomensLaw.org has no relationship with these websites and does not endorse their services. We provide these links for your information only.)

The Idaho Courts website offers the following:

  • A link to relevant court forms for custody, divorce, etc.
  • Informational brochures on custody, visitation, paternity, child support, and more.
  • Idaho also has Court Assistance Offices (CAO), which provide various services to the public to help ensure equal access to the courts. Their services include: review of CAO court forms and documents before they are filed; availability of public access computers for interactive forms; help with general form/document questions; assistance with calculating child support and completing a parenting plan; collection of instructional videos, brochures, and pamphlets on topics such as introduction to the court system, family law matters, domestic violence, etc.; legal research assistance on the Law Library website.  To find your local CAO office, click here.

Below is general information about custody - not specific to Idaho.

Getting custody with your restraining order

back to topCan I get temporary custody as part of a restraining order against the other parent?

Whether or not you can get temporary custody with a restraining order depends on the laws of your state and on the judge who hears your case.  In most states, you can ask for temporary custody of your children as part of a restraining order against the other parent of those children.  Not every state allows this, so you should read the particular rules on our Restraining Orders page for your state.  Also, even if your state allows for temporary custody to be given in a restraining order, the decision is up to the judge who hears your request for a restraining order.

Also, if the other parent gets a custody order from a different court, it might conflict with the custody provision in your restraining order.  If that is the case, you should talk to a lawyer to figure out if your temporary custody is still valid in spite of the other parent's order.  To find legal referrals, go to our Finding a Lawyer page.

Did you find this information helpful?

back to topCan I get temporary emergency custody?

States may have different standards for when emergency custody is granted. Some courts will grant you emergency custody without notice to the other parent and without that parent present ("ex parte"). Judges may only do this in extreme situations but it may depend on your state or county. You may need to prove to the judge that your kids are in danger in order to get an emergency custody order like this or you may not. You may want to explain your situation to a custody lawyer for advice on whether you may be a good candidate for getting an emergency custody order. If you do get an ex parte order, these orders generally are only for a short period of time so there may be a hearing to decide a final custody order.

Note: An "ex parte" order may not be enforceable in other states. We suggest checking with a lawyer if you are planning on traveling to another state.

To file for emergency custody, we suggest that you contact a lawyer. To find one in your area, please click the Where to Find Help tab at the top of this page.

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back to topWho can help me with further questions?

WomensLaw.org strongly recommends that you talk to someone in a local domestic violence agency and a lawyer to help you with this decision, if you have not already. To find a local agency or someone who can help you, click on the Where to Find Help tab at the top of this page.

Remember, the information on this page is just general information. Your state may have differing laws or other things you can do.

You may also want to check your state's custody page on this site for additional information.  Go to Custody and put your state into the drop-down menu. 

Did you find this information helpful?

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