Child Custody Agreement - Idaho
Child Custody Agreement — Idaho
Use this proposed agreement in a pending Idaho divorce action. For another type of custody case, confirm the governing procedure before filing.
Court: District Court of the [____] Judicial District, [________________] County, Idaho
Case number: [________________]
Date of agreement: [________________]
Parent 1: [full legal name, address, phone, email]
Parent 2: [full legal name, address, phone, email]
Children covered:
| Child's full name | Date of birth | Current residence |
|---|---|---|
| [________________] | [________] | [________________] |
| [________________] | [________] | [________________] |
| [________________] | [________] | [________________] |
The parents agree to submit these proposed terms in the case identified above. Custody and parenting time remain subject to the court's determination of the children's best interests under Idaho Code § 32-717. The court may award joint legal custody, joint physical custody, both, or another arrangement under § 32-717B. The parents have disclosed these existing custody, protection, or safety orders: [none / identify court, case number, and attach]. If an existing order conflicts with this proposal, that order controls until the court changes it.
Section 32-717B presumes joint custody is in the child's best interests unless rebutted, but subsection (5) supplies a contrary presumption when the court finds a parent is a habitual perpetrator of domestic violence. The parents will disclose facts and orders relevant to that determination for court review.
1. Legal custody and decisions
Proposed legal custody: ☐ Joint legal custody ☐ Parent 1 ☐ Parent 2 ☐ Other: [________________].
If joint legal custody is approved, the parents will confer before major nonemergency decisions about education, nonemergency health care, and the children's general welfare. Each parent may make ordinary day-to-day decisions during that parent's time. Either parent may seek emergency care when needed and will notify the other parent as soon as practicable. When the parents disagree on a major decision, they will [describe consultation process or request court direction: ________________________________]. Neither parent's signature alone changes an existing allocation of decision-making authority.
| Major decision | Parent(s) who decide | Consultation and notice method |
|---|---|---|
| School enrollment and educational services | [________________] | [________________] |
| Nonemergency medical and dental care | [________________] | [________________] |
| Religion, child care, and major activities | [________________] | [________________] |
2. Physical custody and regular schedule
Proposed physical custody: ☐ Joint physical custody ☐ Primary residence with Parent 1 ☐ Primary residence with Parent 2 ☐ Other: [________________]. Joint physical custody does not require exactly equal time under Idaho Code § 32-717B(2).
School-year schedule:
| Parent | Days and start/end times | Exchange location and transportation |
|---|---|---|
| Parent 1 | [________________] | [________________] |
| Parent 2 | [________________] | [________________] |
Summer and school-break schedule: [dates, blocks, start/end times, and exchange details: ________________________________________________________________].
Holiday and special-day schedule:
| Holiday or event | Even years | Odd years | Start and end times |
|---|---|---|---|
| [________________] | [Parent __] | [Parent __] | [________________] |
| [________________] | [Parent __] | [Parent __] | [________________] |
| Child's birthday | [________________] | [________________] | [________________] |
The holiday schedule ☐ takes priority over ☐ follows the regular schedule. If a row is blank, the regular schedule applies. The parents will exchange the children at [location] and each will be responsible for [transportation arrangement]. A parent delayed for an exchange will promptly notify the other parent; a delay does not automatically forfeit parenting time.
Optional first offer of care: ☐ None ☐ A parent who needs alternate care for more than [NUMBER] consecutive hours during that parent's scheduled time will first offer that period to the other parent by [METHOD], allowing [NUMBER] hours for a reply. Safety conditions and exceptions: [DETAILS].
3. Contact, information, and safety
Each parent may communicate with the children at reasonable times by [phone/video/message: __________________]. The parents will share current contact information, school and health-provider information, and notice of a child's significant illness, injury, or school issue. They will keep the children out of adult disputes and will follow every applicable protection or safety order. Additional safety or supervised-contact terms, if approved by the court: [none / attach exact terms].
Health insurance and uncovered expenses: [identify existing support or medical-support order and any proposed change for court review: ________________________________]. This agreement does not change an existing child-support or medical-support order.
4. Relocation and travel
For a proposed move of more than [____] miles from [________________], the parents propose the following notice: [method] at least [____] days before the move, if reasonably possible. They will discuss a revised schedule, travel costs, and the children's best interests. The move and any change to an existing order require mutual written agreement and any required court approval, or a court decision. The distance and notice blanks are terms the parents must choose; Idaho Code §§ 32-717 and 32-717B do not supply a fixed statewide mileage or notice period. The Idaho Court Assistance Office Parenting Plan, Form CAO FL 3, likewise leaves distance blank and calls for written agreement or a court best-interest decision.
Out-of-state or international travel notice and documents: [dates, contact information, passport holder, consent arrangement: ________________________________________________]. This travel clause is subject to existing orders.
5. Changes and court review
The parents may agree in writing to occasional schedule swaps. A lasting change to an approved custody order must be submitted for court approval under the applicable procedure. If a disagreement cannot be resolved by discussion, either parent may seek court direction; mediation may be used when the parents agree or an order requires it. This agreement creates no automatic custody change, make-up-time multiplier, fee award, indemnity, or private arbitration of the children's interests.
The parents request that the court review this agreement and approve only terms it finds appropriate for the children. This signed proposal takes effect as a custody order only to the extent entered by the court. The parents have reviewed all schedules and attachments listed here: [________________].
Parent 1 signature: __________________________ Date: __________
Printed name: [________________]
Parent 2 signature: __________________________ Date: __________
Printed name: [________________]
Attachments: ☐ Existing orders ☐ Detailed holiday calendar ☐ Safety terms ☐ Other: [________________]
Proposed court approval
After reviewing the children's best interests and any existing orders, the Court ☐ approves and adopts the completed custody and parenting terms as an order ☐ approves them subject to these changes, which control over inconsistent terms above: [DETAILS] ☐ declines approval. Ordered legal custody: [DETAILS]. Ordered physical custody and schedule: [DETAILS OR INCORPORATED SECTIONS]. Additional safety conditions: [DETAILS].
Date: [__/__/____] Judge: [SIGNATURE]
Sources
About this template
- Last updated
- October 23, 2026
- Citations checked
- October 23, 2026
- Jurisdiction
- Idaho
- Category
- Family Law
Legal authority
- Idaho Code § 32-717 (court determination in the child's best interests)
- Idaho Code § 32-717B (joint legal and physical custody; rebuttable presumptions)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 23, 2026.
Idaho Code § 32-717 (checked October 23, 2026): "In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:"
Idaho Code § 32-717B (checked October 23, 2026): "The court may award either joint physical custody or joint legal custody or both as between the parents or parties as the court determines is for the best interests of the minor child or children. If the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of an award of joint custody."
Idaho Code § 32-717(1) (checked October 23, 2026): "In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:"
Idaho Code § 32-717B(1) (checked October 23, 2026): "The court may award either joint physical custody or joint legal custody or both as between the parents or parties as the court determines is for the best interests of the minor child or children. If the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of an award of joint custody."
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