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Legal Information: Idaho

Custody

Updated: 
November 7, 2023

How will the judge decide if a de facto custodian should have custody?

If the judge determines that the person filing for custody is a de facto custodian, then the next step is for the judge to decide if it would be in the child’s best interests for him/her to have custody instead of the child’s parents or jointly with one of the parents.1 

The judge can also consider why the child was in the care of the de facto custodian. For example, did the child stay with the de facto custodian while the parent was looking for work or going to school? The judge can also look at whether or not the child still lives with the de facto custodian. If the child does not, the judge can consider how long it has been since the person filing for custody last filled the role of de facto custodian.2

1 I.C. ​§ 32-1704(2)(j), (6), (7)
2 I.C. ​§ 32-1704(8)

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