Family Court Services

Both parents share the right and responsibility to make decisions about a child’s health, education, and welfare.

One parent has the right and responsibility to make decisions about a child’s health, education, and welfare.

Children spend a significant amount of time living with each parent, according to a schedule that supports their needs.

Children spend a significant amount of time living with each parent, according to a schedule that supports their needs.

Mediation is a process where an impartial third person, called a mediator, helps parents work toward a mutually acceptable agreement about co-parenting issues such as custody and visitation. The mediator does not take sides, is not the judge, and does not decide what is best for the children. Instead, the mediator helps each parent:

• Listen to the other parent’s perspective

• Communicate interests and needs

• Focus on the needs of the children

• Develop a mutually agreeable co-parenting plan

The Idaho Supreme Court maintains a roster of mediators who meet training standards under Idaho Rule of Civil Procedure 16(j). The statewide Child Custody Mediators Roster is available online.

When a child turns 18, the child has the legal right to decide where to live. Before then, there is no specific age at which a child may choose by law. A child may be interviewed so that a judge can consider the child’s preferences and reasoning, but the judge makes the final decision.

You will need to file a petition with the court to establish paternity, a parenting time schedule, and an order for support. If you cannot afford an attorney, the Court Assistance Office in your area can provide forms and instructions. You may also contact the Idaho Department of Health and Welfare for help establishing child support.

If you are already divorced or have an existing order establishing parenting time, you should consult with a family law attorney about your options. If you cannot afford an attorney, you may contact Family Court Services or the Court Assistance Office in your area for more information.

Information about civil protection orders, including how to apply, will be provided in this section. Until then, contact your local Family Court Services office, Court Assistance Office, or a local domestic violence program for guidance.