Custody

If you want to change your order, you can file a petition for modification. You must prove to the judge that:

• there has been a substantial and material change in circumstances; and
• the change you are asking for is in your child’s best interests.¹

However, if only a “brief period of time” has passed since the judge issued your order, the judge may not agree to change it except to fix a clerical error. The law doesn’t specifically define how much time you need to wait before you can file a modification petition, though. Whether the judge agrees to hear your case could depend on many factors, such as:

• the individual judge;
• the type of change you’re asking for; and
• whether or not both parents agree to the change.¹

You may want to speak with a lawyer in Idaho to get advice for your situation.

Also, the judge will make an exception if you or the other parent is a military service member and deploying. The judge can change your custody and visitation order temporarily while a parent is deployed. Then, after the parent returns from the deployment, the judge can quickly schedule a hearing to decide whether or not to continue the temporary order.²

Note: If the judge believes that one parent filed a modification petition just to annoy or harass the other parent, the judge can order the parent who filed to pay for the other parent’s lawyer and legal fees.³

¹ See Instructions for Filing a Modification Petition on the Idaho Courts website
² I.C. § 32-720
³ I.C. § 32-718