Legal Information: Idaho


November 4, 2021

Can a parent who committed domestic violence get joint custody?

In general, the judge is supposed to assume that joint custody is in the best interests of the child. However, if there is a “preponderance of the evidence” that proves otherwise, the judge can deny joint custody. The law specifically says that if a parent has been found to be a “habitual” perpetrator of domestic violence, the judge should assume that joint custody is not in the child’s best interests and can grant sole custody to the non-abusive parent.1 It’s also possible that the judge can order supervised visitation or supervised exchanges of the child through a supervised access provider.2

1 I.C. § 32-717B(4), (5)
2 See I.C. § 32-717E

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