Idaho

Child Visitation Laws

What is child visitation?

In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.

In general, courts in Idaho assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.

Visitation by grandparents, family members, or other third-parties is less clear cut in Idaho, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.

Above all else, courts in Idaho strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about Idaho's visitation guildelines on this page.

In Idaho, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may petition the court by using a stand-alone petition for visitation.

When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under Idaho's custody and visitation statute as:

(a) The wishes of the child’s parent or parents as to his or her custody

(b) The wishes of the child as to his or her custodian

(c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings

(d) The child’s adjustment to his or her home, school, and community

(e) The character and circumstances of all individuals involved

(f) The need to promote continuity and stability in the life of the child

(g) Domestic violence

A court may award a minor child's grandparents visitation rights if the court deems that visitation is in the child's best interest.

In the state of Idaho, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Idaho's positions regarding non-parental visitation rights.

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Visitation Rights Of Grandparents In Idaho:

Idaho has special statutes regarding the child visitiation rights of grandparents under different circumstances. Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.

Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, an Idaho court may allow or prevent visitation rights in any situation based on the best interests of the child.

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Visitation Rights Of Other Parties In Idaho:

Are step-parents granted visitation rights in the state of Idaho?

Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.

The state of Idaho does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.

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Can other interested parties or relatives be granted visitation rights to a child in Idaho?

Under state of Idaho law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. In rare cases this may be overruled by the court.

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Can parents be granted visitation rights after termination of parental rights or adoption in Idaho?

In the state of Idaho it may not be possible to be granted visitation rights after losing parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.