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Legal Information: Idaho

Statutes: Idaho

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Updated: 
October 30, 2020

32-1705. Nature of de facto custodian order--Access to records--Termination of de facto custodianship

(1) A court may enter an order granting a de facto custodian sole or joint legal and/or physical custody as defined in section 32-717B(1), (2) and (3), Idaho Code, in the same manner as it would grant such custody to a parent.

(2) An order granting custody to a de facto custodian is subject to the continuing jurisdiction of the court and is modifiable in the same manner as an order establishing parental custody pursuant to section 32-717, Idaho Code, or a similar provision.

(3) A de facto custodian who has been granted sole or joint legal custody of a child shall have access to records pertaining to the child who is the subject of the de facto custodianship to the same extent as a parent would have such access pursuant to an order of legal custody.

(4) Any party to the proceeding granting custody to a de facto custodian may move for the termination of the custody order. A de facto custodian may move for permission to resign as de facto custodian.

(a) A party moving for termination of the de facto custodian-child relationship must show by a preponderance of the evidence that termination of the relationship would be in the best interests of the child.

(b) A motion for termination or for resignation may, but need not, include a proposal for the continuing custody of the child.

(c) After notice and hearing on a motion for termination or resignation, the court may terminate the custody of the de facto custodian and may make any further orders that may be appropriate in the best interests of the child.