Idaho Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of Idaho — In the District Court, Magistrate Division

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

[________________________________], Petitioner/Parent A,

v.

[________________________________], Respondent/Parent B.

ARTICLE I — PARTIES, CHILDREN, AND JURISDICTION

1.1 Identification of the Parents

Parent A:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Residential Address: [________________________________]
• Mailing Address (if different): [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Employer / Work Schedule: [________________________________]

Parent B:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Residential Address: [________________________________]
• Mailing Address (if different): [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Employer / Work Schedule: [________________________________]

1.2 Minor Child(ren) Subject to This Agreement

1.3 Court Jurisdiction and Case Context

This Agreement is filed in connection with:
☐ Divorce action under Idaho Code § 32-701 et seq.
☐ Legal separation
☐ Paternity establishment
☐ Custody petition (unmarried parents)
☐ Other: [________________________________]

The District Court of the [____] Judicial District, Magistrate Division, in and for the County of [________________________________], Idaho, retains continuing exclusive jurisdiction to interpret, enforce, and modify this Agreement.

Judicial District (select one):
☐ 1st — Kootenai, Bonner, Boundary, Benewah, Shoshone Counties
☐ 2nd — Nez Perce, Latah, Clearwater, Lewis, Idaho Counties
☐ 3rd — Canyon, Gem, Payette, Washington, Adams, Owyhee Counties
☐ 4th — Ada, Boise, Elmore, Valley Counties
☐ 5th — Twin Falls, Cassia, Blaine, Jerome, Minidoka, Lincoln, Gooding, Camas Counties
☐ 6th — Bannock, Bear Lake, Caribou, Franklin, Oneida, Power Counties
☐ 7th — Bonneville, Bingham, Jefferson, Madison, Teton, Fremont, Clark, Butte, Custer, Lemhi Counties

1.4 Effective Date

This Agreement shall become effective upon:
☐ Execution by both parents and filing with the Court.
☐ Entry of the Court's order incorporating this Agreement.
☐ Date: [__/__/____]

ARTICLE II — STATUTORY FRAMEWORK AND PRESUMPTIONS

2.1 Rebuttable Presumption Favoring Joint Custody (I.C. § 32-717B)

Idaho Code § 32-717B establishes a rebuttable presumption that joint custody is in the best interests of minor children. This presumption applies to both joint legal custody (shared decision-making) and joint physical custody (shared residential time). The burden falls on any opposing party to prove by a preponderance of the evidence that joint custody is not in the child(ren)'s best interests.

The parents affirm that neither party has rebutted the presumption, and that joint custody as set forth herein serves the child(ren)'s best interests under Idaho Code § 32-717.

2.2 Best Interest Factors (Idaho Code § 32-717(1))

The parents have considered the seven statutory best-interest factors in reaching this Agreement:

(a) Wishes of the parent(s) as to custody: Both parents desire joint legal and physical custody.

(b) Wishes of the child as to custodian: [________________________________]
(Under IRFLP Rule 117, effective January 1, 2025, the court may interview the child in camera. The interview is recorded and may be sealed to protect the child.)

(c) Interaction and interrelationship of the child with parent(s) and siblings: [________________________________]

(d) Child's adjustment to home, school, and community: [________________________________]

(e) Character and circumstances of all individuals involved: [________________________________]

(f) Need to promote continuity and stability: [________________________________]

(g) Domestic violence (I.C. § 39-6303):
☐ No history of domestic violence by either parent.
☐ History noted — addressed below in Article IX.

2.3 Equal Rights of Parents (Idaho Code § 32-1007)

Under Idaho Code § 32-1007, the father and mother of a child are equally entitled to the child's custody, services, and earnings. Neither parent has a superior right based on gender.

2.4 Domestic Violence Exception (I.C. § 32-717B)

Under I.C. § 32-717B, if a parent is found by the court to be a habitual perpetrator of domestic violence as defined in I.C. § 39-6303, the presumption reverses, and joint custody is presumed NOT to be in the child(ren)'s best interests. Both parents represent:

☐ Neither parent has been found to be a habitual perpetrator of domestic violence.
☐ This provision is applicable — see Article IX.

ARTICLE III — JOINT LEGAL CUSTODY

3.1 Shared Decision-Making Authority

Both parents shall share equally the right and responsibility to make major decisions concerning the child(ren)'s welfare. Major decisions include:

• Education: School enrollment, school district selection, special education services (IEP/504), tutoring, homeschool decisions, and college planning
• Healthcare: Selection of physicians, dentists, and specialists; non-emergency medical and surgical procedures; immunizations; mental health counseling and therapy; prescription medications
• Religious upbringing: Religious education, observance, and participation
• Extracurricular activities: Sports, clubs, lessons, and camps that occur during both parents' parenting time or require significant financial commitment
• Travel: Out-of-state and international travel
• Legal matters: Any legal proceedings involving the child(ren)

3.2 Consultation and Decision-Making Process

1. The parent identifying a decision shall present it to the other parent in writing (email or co-parenting application) with all relevant information.
2. The parents shall discuss the decision and attempt to reach mutual agreement.
3. The other parent shall respond within [____] calendar days (suggested: 7-14 days for non-urgent matters; 48 hours for time-sensitive matters).
4. If one parent fails to respond within the stated timeframe after documented good-faith attempts at communication, the initiating parent may proceed.
5. If the parents disagree, they shall follow the dispute resolution procedures in Article VIII.

3.3 Emergency Decision-Making

The parent with physical custody at the time of a medical or safety emergency shall have authority to make emergency decisions without prior consultation. That parent shall:

• Take whatever action is immediately necessary to protect the child(ren)'s health and safety;
• Notify the other parent as soon as practicable, but no later than 24 hours after the emergency;
• Provide full details including the nature of the emergency, actions taken, and any follow-up required.

3.4 Day-to-Day Decisions

Each parent shall have authority to make routine, day-to-day decisions during their own parenting time, including meals, bedtime, homework, discipline, playmates, and daily activities.

ARTICLE IV — JOINT PHYSICAL CUSTODY AND PARENTING SCHEDULE

4.1 Joint Physical Custody

Both parents shall share joint physical custody, providing the child(ren) with frequent and continuing contact with both parents as contemplated by Idaho Code § 32-717B. The parenting schedule is designed to provide substantially equal parenting time.

4.2 Regular Parenting Schedule

Select one:

☐ Alternating Weeks (Week-On/Week-Off)

• Parent A: From Monday morning (school drop-off or 9:00 AM) through the following Monday morning.
• Parent B: The alternating week on the same schedule.
• Exchange day and time: Monday at school drop-off / [________________________________]

☐ 2-2-3 Rotation

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A on odd weeks; Parent B on even weeks)

☐ 5-2-2-5 Schedule

• Monday and Tuesday: Always Parent A
• Wednesday and Thursday: Always Parent B
• Friday through Monday: Alternating between parents

☐ Custom Schedule:
Parent A's time: [________________________________]
Parent B's time: [________________________________]

4.3 Summer Schedule

☐ Same as school-year schedule.
☐ Modified summer schedule: [________________________________]

Each parent shall have [____] weeks of uninterrupted vacation time during summer with at least [____] days' advance written notice to the other parent.

4.4 Holiday Schedule

Holidays supersede the regular parenting schedule and shall alternate annually:

Fixed each year:

• Mother's Day: Child(ren) with Mother — Saturday 9:00 AM to Sunday 7:00 PM
• Father's Day: Child(ren) with Father — Saturday 9:00 AM to Sunday 7:00 PM
• Child(ren)'s Birthday(s): ☐ Alternating ☐ Shared celebration ☐ Non-custodial parent gets [____] hours

4.5 Transitions and Exchanges

• Exchange location: ☐ School ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral location: [________________________________]
• Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]
• Parents shall be punctual. A [____]-minute grace period applies.
• Parents shall conduct exchanges in a civil manner and shall not use the child(ren) as messengers.
• Each parent shall maintain basic clothing, toiletries, and supplies at their residence.

4.6 Right of First Refusal

☐ Applicable: If either parent cannot care for the child(ren) for more than [____] consecutive hours during scheduled parenting time, they shall offer the time to the other parent before arranging third-party childcare. The other parent shall respond within [____] hours.
☐ Not applicable.

ARTICLE V — COMMUNICATION

5.1 Parent-to-Parent Communication

Parents shall communicate about child-related matters through:
☐ Co-parenting application (OurFamilyWizard, TalkingParents, or similar)
☐ Email
☐ Text message
☐ Other: [________________________________]

All communication shall be respectful, child-focused, and business-like.

5.2 Parent-Child Communication

During the other parent's parenting time, each parent shall have reasonable telephone and/or video contact with the child(ren):

• Frequency: ☐ Daily ☐ Every other day ☐ [____] times per week
• Preferred time: [________________________________]
• The custodial parent shall facilitate contact and shall not interfere with or monitor calls.

5.3 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the child(ren)'s presence. Neither parent shall encourage or permit others to do so. Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

5.4 Information Sharing

Both parents shall have full and equal access to:

• School records, report cards, teacher communications, and conference schedules
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules
• Daycare and childcare information

Both parents shall be listed as emergency contacts and authorized persons at all schools, daycares, and healthcare providers.

ARTICLE VI — RELOCATION

6.1 Notice Requirement

Idaho law requires any parent planning to relocate more than 50 miles from the current residence or outside the State of Idaho to provide at least 60 days' advance written notice to the other parent by certified mail or other verifiable delivery.

6.2 Contents of Notice

The notice shall include:

• Intended new address or general area
• Date of intended move
• Specific reasons for the relocation
• Proposed revised parenting schedule preserving the child(ren)'s relationship with both parents

6.3 Response and Resolution

The non-relocating parent shall respond in writing within 30 days. If the parents cannot agree on modified arrangements, the relocating parent must petition the court before proceeding. The court shall evaluate the relocation under the best-interest factors of I.C. § 32-717. The relocating parent bears the burden of proving the move is in the child(ren)'s best interests.

6.4 No Unilateral Relocation

No relocation that would materially affect the joint custody schedule shall occur without either written consent of both parents or a court order.

ARTICLE VII — COVENANTS AND RESTRICTIONS

7.1 Cooperation

Parents shall cooperate in all matters concerning the child(ren)'s welfare, communicate regularly, and work together to resolve disagreements constructively.

7.2 Facilitate Relationship

Each parent shall actively support and facilitate the child(ren)'s relationship with the other parent. Neither parent shall interfere with the child(ren)'s time with the other parent or engage in parental alienation.

7.3 Substance Use

Neither parent shall consume alcohol to the point of impairment or use any illegal substance during parenting time or within 12 hours prior to parenting time. Prescription medications shall be taken as prescribed and stored securely out of the child(ren)'s reach.

7.4 Firearms Safety

All firearms in either household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in accordance with safe storage practices.

7.5 New Partners

New romantic partners shall not be introduced to the child(ren) until the relationship has been stable for at least [____] months. Neither parent shall allow an overnight romantic partner to be present during parenting time until: [________________________________]

7.6 Consistency

Parents shall make reasonable efforts to maintain consistent rules, discipline, bedtimes, homework expectations, and screen time limits across both households.

7.7 Address and Contact Changes

Each parent shall notify the other in writing within 10 days of any change in address, phone number, email address, or employment.

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Step 1 — Direct Communication

Parents shall first attempt to resolve disagreements through direct, respectful discussion.

8.2 Step 2 — Mediation

If direct communication fails, parents shall attend mediation with a qualified Idaho family mediator before filing any motion with the court.

Mediation requirements vary by Idaho judicial district. Ada County (4th District) offers Family Court Services mediation at 208-287-7600. Contact the Court Assistance Office in your judicial district for local resources.

• Mediation costs: ☐ Shared equally ☐ Split [____]% / [____]% ☐ As ordered by the court
• Exception: Mediation is not required when domestic violence is alleged (I.C. § 32-717(1)(g); I.C. § 39-6303).

8.3 Step 3 — Parenting Coordinator (I.C. § 32-717D)

☐ Not applicable.
☐ The parents agree to request appointment of a parenting coordinator under I.C. § 32-717D.

• The coordinator shall submit status reports to the court at least every 6 months per I.C. § 32-717D(3).
• Fees: Parent A [____]% / Parent B [____]%

8.4 Step 4 — Court Petition

Either parent may petition the Magistrate Division for resolution if the above steps fail.

8.5 Emergency Relief

Either parent may seek immediate emergency relief to protect the child(ren)'s health, safety, or welfare without completing the above steps. Under IRFLP Rule 504, either parent may file a Motion for Temporary Orders.

8.6 Attorney's Fees

The court may award reasonable attorney's fees and costs to the prevailing party in any enforcement proceeding.

ARTICLE IX — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

9.1 Representations

☐ Neither parent has a history of domestic violence as defined in I.C. § 39-6303, and the I.C. § 32-717B presumption favoring joint custody has not been rebutted.

☐ Domestic violence history exists. The following safety provisions apply:
[________________________________]

9.2 Child Abuse Investigation (I.C. § 32-717C)

If an allegation of child abuse or child sexual abuse is made implicating either parent, the court shall order an investigation by the Idaho Department of Health and Welfare per I.C. § 32-717C. No final custody or visitation award shall be rendered until the investigation report is received.

ARTICLE X — FINANCIAL PROVISIONS

10.1 Child Support

Child support shall be calculated separately using the Idaho Child Support Guidelines and the Idaho Child Support Worksheet.

10.2 Health Insurance

• Maintained by: ☐ Parent A ☐ Parent B ☐ Both
• Provider and policy number: [________________________________]

10.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, mental health, and prescription costs shall be divided:
☐ Equally (50/50)
☐ Proportionally: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Documentation shall be provided within [____] days of incurring the expense. Reimbursement shall be made within [____] days.

10.4 Extracurricular and Education Costs

• Extracurricular activities: ☐ Shared equally ☐ Split [____]% / [____]% ☐ Enrolling parent pays
• School supplies and fees: ☐ Shared equally ☐ Each parent during their time
• Childcare: ☐ Shared equally ☐ Split [____]% / [____]%

10.5 Tax Dependency Exemption

The child(ren) shall be claimed as dependent(s) for tax purposes by:
☐ Alternating annually — Parent A in even years, Parent B in odd years
☐ Parent A claims [________________________________]; Parent B claims [________________________________]
☐ Other: [________________________________]

ARTICLE XI — MODIFICATION

11.1 Standard

This Agreement may be modified only upon a showing of a substantial, material, and permanent change in circumstances and a determination that the modification serves the best interests of the child(ren) under Idaho Code § 32-717.

11.2 If the court declines to maintain joint custody, it shall state the reasons in its decision per I.C. § 32-717B.

11.3 Military Service (I.C. § 32-720)

If either parent is a member of the Idaho National Guard or military reserve ordered to active duty, such service shall not constitute grounds to reduce that parent's custody or parenting time under I.C. § 32-720.

11.4 Periodic Review

Parents agree to review this Agreement annually and on significant milestones (child entering school, middle school, high school) to ensure it continues to serve the child(ren)'s best interests.

ARTICLE XII — GENERAL PROVISIONS

12.1 Governing Law

This Agreement is governed by Idaho Code Title 32, Chapter 7 and the Idaho Rules of Family Law Procedure.

12.2 Severability

If any provision is held unenforceable, the remaining provisions continue in full force.

12.3 Integration

This Agreement constitutes the complete understanding of the parents regarding joint custody and supersedes all prior agreements on the same subject.

12.4 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, including electronic signatures, each deemed an original.

12.5 Notice

All formal notices shall be sent to the addresses listed in Article I or as updated per Section 7.7.

ARTICLE XIII — EXECUTION

The undersigned parents stipulate and agree to the terms of this Joint Custody Agreement, representing that:

• Each parent enters this Agreement voluntarily, without coercion or duress;
• Each parent has had the opportunity to consult with independent legal counsel;
• This Agreement serves the best interests of the child(ren) under I.C. § 32-717;
• Neither parent is a habitual perpetrator of domestic violence, and the I.C. § 32-717B presumption has not been rebutted (or, if applicable, safety provisions are incorporated above).

Parent A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF IDAHO )
) ss.
County of [________________________________] )

I, [________________________________], being first duly sworn upon oath, depose and say that I am ☐ Parent A ☐ Parent B in the above-entitled action and that the statements in this Agreement are true and correct to the best of my knowledge.

Signature: _________________________________
Date: [__/__/____]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

Notary Public for the State of Idaho
Residing at: [________________________________]
My Commission Expires: [__/__/____]

ORDER

The Court, having reviewed the Joint Custody Agreement and the record herein, finds that:

1. Joint custody is in the best interests of the minor child(ren) under Idaho Code § 32-717B.
2. The Agreement satisfies the best-interest factors of Idaho Code § 32-717(1)(a)-(g).
3. Neither parent has been found to be a habitual perpetrator of domestic violence under I.C. § 39-6303.

IT IS HEREBY ORDERED that the Joint Custody Agreement is approved, adopted, and incorporated into the ☐ Decree of Divorce ☐ Custody Order ☐ Judgment of this Court.

Date: [__/__/____]

_________________________________
Magistrate Judge
District Court of the [____] Judicial District
State of Idaho, County of [________________________________]

Sources and References

• Idaho Code § 32-717 — Custody of Children — Best Interest: Idaho Legislature
• Idaho Code § 32-717B — Joint Custody: Idaho Legislature
• Idaho Code § 32-717C — Abuse Investigation: Idaho Legislature
• Idaho Code § 32-717D — Parenting Coordinator: Idaho Legislature
• Idaho Code § 32-720 — Modification — Servicemembers: Idaho Legislature
• Idaho Code § 32-1007 — Equal Rights of Parents: Idaho Legislature
• Idaho Rules of Family Law Procedure: Idaho Supreme Court
• IRFLP Rule 117 — Statement of a Child: Idaho Supreme Court
• IRFLP Rule 504 — Motion for Temporary Orders: Idaho Supreme Court
• Idaho Family Court Locations: Idaho Supreme Court
• Idaho Legal Aid — Custody Basics: Idaho Legal Aid