Custody

You can file for custody if you are the child’s parent, a grandparent with whom the child lives in a stable relationship, or a “de facto custodian.”¹ 

A de facto custodian is someone who:

1. is the child’s relative within three degrees of relation (consanguinity), such as an uncle or great-grandparent; and
2. was the child’s primary caregiver, financially supported the child, and lived with the child while the child’s parent was absent and inconsistently involved in the child’s life for a specific period of time, as follows:
   
   • If the child is under three years old, the time period is six months or longer.
   • If the child is three years old or older, the time period is one year or longer.²

Note: The child’s step-parent or the parent’s live-in partner cannot be considered a de facto custodian.³

If you believe you qualify as a de facto custodian, see How will the judge decide if a de facto custodian should have custody?

¹ I.C. ^​§§ 32-717(3); 32-1704(1)
² I.C. ^​§ 32-1703(1)(a), (1)(b)
³ I.C. ^​§ 32-1703(4)(b)