When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Idaho courts will intervene and establish custody arrangements based on the best interests of the child.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

Under Idaho divorce law, the assumption is that joint custody is generally in the best interest of the child. Joint custody arrangements don’t typically split the time on a 50/50 basis, but rather on percentages that will work best for the child. Custody arrangements most often work best when both parents are able to work well together for the benefit of the child. When ongoing conflict exists between the parents, emotional struggles are created for the child.  For a summary of divorce and custody law in the state of Idaho, go to divorcesource.com.

According to lawyers.com, Idaho courts commonly consider various factors when awarding child custody:

• The wishes of the child's parent or parents as to his or her custody
• The wishes of the child as to his or her custody
• The interaction and interrelationship of the child with his or her parent or parents and siblings
• The child's adjustment to his or her home, school, and community
• The character and circumstances of all individuals involved
• The need to promote continuity and stability in the life of the child
• Any domestic violence, whether or not it occurs in the presence of the child

In Idaho, visitation is generally set by the court for a non-custodial parent if the parents cannot agree on a visitation schedule. Where an Idaho court sets visitation, it is typically scheduled for every other weekend, one night per week, and alternating holidays and school vacations, including summer vacations.

According to Idaho Statute 32-717A, “access to records and information pertaining to a minor child including, but not limited to, medical, dental, health, and school or educational records, shall not be denied to a parent because the parent is not the child's custodial parent. However, information concerning the minor child's address shall be deleted from such records to a parent, if the custodial parent has advised the records custodian in writing to do so.”