Legal Information: Idaho

Custody

Updated: 
November 4, 2021

Can the non-custodial parent have access to the child's records?

The non-custodial parent can have access to records and information relating to the child, including medical, dental, health, and school or educational records. However, information concerning the child’s address can be deleted from the records at the custodial parent’s request. The custodial parent would need to make a written request to the “records custodian” who maintains the records in each location asking that this information be deleted and the law says that 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. However, you have to prove to the judge that there has been a substantial and material change in your circumstances and the change requested is in the child’s best interests.

However, if there has only been a brief period of time since the order was issued, the judge may not agree to modify your order unless it’s to correct a clerical error in the order. There isn’t a specific amount of time that you need to wait before you can file a modification petition, though. Whether the judge agrees to hear your case could depend on the individual judge, the type of modification requested, whether both parents are in agreement as to the modification or not, and other factors.1

Exceptions are made for military servicemembers, however, when the modification request is due to a parent’s military deployment. For example, a judge can temporarily modify an existing child custody order during the period of deployment and then conduct an expedited or emergency hearing once the deployment ends.2

Note: If the judge believes that a modification petition is filed purely to annoy or harass the other party, the judge will order the petitioner to pay the attorney’s fees and costs of the other party.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?

The Idaho Courts website offers the following:

  • A link to court forms for:
  • 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.

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