32-1703. De facto custodians
(1) “De facto custodian” means an individual who:
(a) Is related to a child within the third degree of consanguinity; and
(b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
(i) Six (6) months or more if the child is under three (3) years of age; or
(ii) One (1) year or more if the child is three (3) years of age or older.
(c) For purposes of the definition in this section, “lack of demonstrated consistent participation” by a parent means refusal or failure to comply with the duties imposed upon the parent by the parent-child relationship. When determining a “lack of demonstrated consistent participation,” the court may consider parent involvement in providing the child necessary food, clothing, shelter, health care and education and in creating a nurturing and consistent relationship for the child’s physical, mental or emotional health and development.
(2) In determining if a petitioner or intervenor is a de facto custodian for the child, the court shall also take into consideration whether the child is currently residing with the petitioner or intervenor and, if not, the length of time since the child resided with the petitioner or intervenor.
(3) Any period of time after the filing of a petition pursuant to this chapter shall not be included in determining whether the child has resided with the individual for the time period as provided in subsection (1) of this section.
(4) An individual shall not be deemed a de facto custodian if a child has resided with the individual because:
(a) The child was placed in the individual’s care through a court order or voluntary placement agreement under title 16, Idaho Code; or
(b) The individual is or was cohabiting with, or is or was married to, a parent of the child.