Idaho Sole Custody Agreement

SOLE 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 / Custodial Parent,

v.

[________________________________], Respondent / Non-Custodial Parent.

ARTICLE I — PARTIES, CHILDREN, AND JURISDICTION

1.1 Custodial Parent

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Residential Address: [________________________________]
• City/State/Zip: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]

1.2 Non-Custodial Parent

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Residential Address: [________________________________]
• City/State/Zip: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]

1.3 Minor Child(ren)

1.4 Jurisdiction

This Agreement is filed in the District Court of the [____] Judicial District, Magistrate Division, County of [________________________________], State of Idaho.

Judicial District:
☐ 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

This Agreement is filed in connection with:
☐ Divorce (I.C. § 32-701 et seq.)
☐ Legal separation
☐ Paternity action
☐ Custody petition
☐ Modification of existing order
☐ Other: [________________________________]

ARTICLE II — REBUTTAL OF JOINT CUSTODY PRESUMPTION

2.1 Idaho's Presumption Favoring Joint Custody

Idaho Code § 32-717B creates a rebuttable presumption that joint custody is in the best interests of the child. A sole custody arrangement requires that this presumption be overcome. The parties acknowledge that sole custody is sought because joint custody is not in the child(ren)'s best interests for the following reason(s):

☐ Domestic violence — One parent is or has been found to be a habitual perpetrator of domestic violence as defined in I.C. § 39-6303. Under I.C. § 32-717B, the presumption reverses, and joint custody is presumed NOT to be in the child(ren)'s best interests.

☐ Inability to cooperate — The parents are unable to communicate and cooperate effectively in sharing parental responsibilities, making joint custody impractical.

☐ Substance abuse — One parent has a history of substance abuse that impairs parenting capacity.

• Details: [________________________________]

☐ Parental unfitness — One parent has demonstrated unfitness due to: [________________________________]

☐ Geographic distance — The parents reside a significant distance apart, making joint physical custody impractical.

• Distance between residences: [________________________________]

☐ Child's best interests — Based on the seven factors of I.C. § 32-717(1), sole custody serves the child(ren)'s best interests because: [________________________________]

☐ Abandonment or absence — One parent has been absent from the child(ren)'s life for a period of: [________________________________]

☐ Mutual agreement — Both parents voluntarily agree that sole custody to one parent is in the child(ren)'s best interests because: [________________________________]

☐ Other: [________________________________]

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

The court and parties have evaluated the seven statutory best-interest factors:

(a) Wishes of the parent(s): [________________________________]

(b) Wishes of the child as to custodian:
[________________________________]
(Under IRFLP Rule 117, the court may conduct an in-camera interview with the child. The interview is recorded and may be sealed.)

(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 domestic violence history.
☐ Domestic violence history present — see Section 2.1 and Article VII.

ARTICLE III — SOLE LEGAL CUSTODY

3.1 Grant of Sole Legal Custody

[________________________________] ("Custodial Parent") shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions regarding:

• Education: School enrollment, school district, special education services (IEP/504), tutoring, homeschooling, and college planning
• Healthcare: Selection of physicians, dentists, and specialists; all medical and surgical procedures; immunizations; prescription medications
• Mental health: Counseling, therapy, psychiatric treatment, and behavioral health services
• Religious upbringing: Religious education, instruction, and observance
• Extracurricular activities: Sports, clubs, lessons, camps, and enrichment programs
• Travel: Domestic and international travel
• Legal matters: All legal proceedings involving the child(ren)

3.2 Consultation with Non-Custodial Parent

The Custodial Parent:
☐ Shall consult with the Non-Custodial Parent before making major decisions (consultation required but final authority remains with the Custodial Parent).
☐ May, but is not required to, consult with the Non-Custodial Parent regarding major decisions.
☐ Shall notify the Non-Custodial Parent of major decisions within [____] days after making them.

3.3 Emergency Decisions

The Custodial Parent has full authority to make emergency medical and safety decisions at all times. If the child(ren) are with the Non-Custodial Parent during an emergency, the Non-Custodial Parent may authorize emergency treatment and shall notify the Custodial Parent immediately.

ARTICLE IV — SOLE PHYSICAL CUSTODY AND PARENTING TIME

4.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]
[________________________________]

The Custodial Parent's address shall be the child(ren)'s address for school enrollment, voter registration (for age-eligible children), and mailing purposes.

4.2 Non-Custodial Parent Parenting Time

Select the applicable parenting time schedule:

☐ Option A — Standard Parenting Time

• Alternating weekends: Every other weekend from Friday at 6:00 PM to Sunday at 6:00 PM
• Midweek visit: One evening per week — [________________________________] from 5:00 PM to 8:00 PM (☐ with overnight ☐ without overnight)
• Summer: Two (2) non-consecutive weeks with at least 30 days' advance written notice

☐ Option B — Extended Parenting Time

• Alternating weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek overnight: [________________________________] after school to the following morning school drop-off
• Summer: Four (4) weeks (consecutive or split into two 2-week periods) with at least 60 days' advance written notice

☐ Option C — Supervised Parenting Time (IRFLP Rule 1003)

• Frequency: [________________________________]
• Duration: [________________________________] per visit
• Location: ☐ Professional supervised visitation center ☐ In the presence of court-approved supervisor: [________________________________]
• Conditions: [________________________________]
• Provider fees paid by: ☐ Non-Custodial Parent ☐ Split: [____]% / [____]%
• Review date: Supervised visitation conditions shall be reviewed on or before [__/__/____]

Under IRFLP Rule 1003:

• The provider shall document all contacts in the case file.
• The best interest of the child is the paramount consideration.
• The provider is accountable to the court but is not a party to the proceeding.
• Each judicial district may adopt local rules consistent with these standards.

Conditions for transition to unsupervised parenting time:
☐ Completion of substance abuse treatment program
☐ Completion of parenting classes
☐ Negative drug/alcohol testing for [____] consecutive months
☐ Completion of domestic violence intervention program
☐ Therapist or evaluator recommendation
☐ Court approval after review hearing
☐ Other: [________________________________]

☐ Option D — Custom Schedule
[________________________________]
[________________________________]

4.3 Holiday Schedule

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: ☐ Alternating years ☐ Non-custodial parent gets [____] hours on the day

4.4 Transitions and Exchanges

• Exchange location: ☐ School ☐ Custodial Parent's residence ☐ Neutral public location: [________________________________]
• Transportation: ☐ Non-Custodial Parent responsible for both pick-up and drop-off ☐ Receiving parent picks up ☐ Other: [________________________________]
• Parents shall be punctual. Late arrivals exceeding [____] minutes without notice may result in forfeiture of the visit.
• The Non-Custodial Parent shall return the child(ren) at the scheduled time. Repeated late returns constitute a material breach.

4.5 Vacation Time

The Non-Custodial Parent may have [____] weeks of vacation per calendar year with at least [____] days' advance written notice. Vacation shall not conflict with the child(ren)'s school schedule without the Custodial Parent's written consent.

The Custodial Parent may travel with the child(ren) within the United States without the Non-Custodial Parent's consent for trips of [____] days or fewer. For international travel, the Custodial Parent shall provide [____] days' advance notice.

ARTICLE V — COMMUNICATION AND INFORMATION

5.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the child(ren):

• Frequency: ☐ Daily ☐ Every other day ☐ [____] times per week
• Suggested time: [________________________________]
• Duration: Up to [____] minutes per call
• The Custodial Parent shall not monitor, record, or interfere with these communications.

5.2 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Co-parenting application
☐ Email
☐ Text message
☐ Other: [________________________________]

The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of:

• Any emergency, serious illness, injury, or hospitalization
• Any contact by law enforcement or child protective services involving the child(ren)
• Any significant change in the child(ren)'s health, behavior, or circumstances

5.3 Access to Records

The Non-Custodial Parent shall have the right to access:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Notification of school events, parent-teacher conferences, and extracurricular activities

The Custodial Parent shall provide copies of report cards and significant medical information within [____] days of receipt.

Both parents shall be listed as emergency contacts at the child(ren)'s school and medical providers. Neither parent shall remove the other from contact lists without court order.

ARTICLE VI — RELOCATION

6.1 Custodial Parent Relocation

The Custodial Parent may relocate with the child(ren) within 50 miles of the current residence within Idaho without the Non-Custodial Parent's consent, provided 30 days' written notice is given.

For any relocation more than 50 miles or outside the State of Idaho, the Custodial Parent shall provide at least 60 days' advance written notice by certified mail, including:

• The intended new address
• The date of the intended move
• Reasons for the relocation
• A proposed revised parenting schedule

If the Non-Custodial Parent objects, the Custodial Parent must obtain court approval before relocating with the child(ren). The court shall evaluate the relocation under I.C. § 32-717 best-interest factors.

6.2 Non-Custodial Parent Relocation

If the Non-Custodial Parent relocates, that parent shall provide 30 days' advance written notice and a proposed adjustment to the parenting schedule if the move affects the existing schedule.

ARTICLE VII — DOMESTIC VIOLENCE AND SAFETY

7.1 Domestic Violence Finding

☐ Not applicable — No finding or allegation of domestic violence.
☐ Applicable — The following provisions apply:

Under I.C. § 32-717B, a finding that one parent is a habitual perpetrator of domestic violence (I.C. § 39-6303) creates a presumption that joint custody is NOT in the child(ren)'s best interests.

Safety provisions:
☐ No direct contact between parents at exchanges — exchanges shall occur at: [________________________________]
☐ Communication limited to written form only (email, co-parenting app, or text)
☐ No-contact order in effect — Case No.: [________________________________]
☐ Supervised exchanges required through: [________________________________]
☐ Supervised parenting time required per Article IV, Section 4.2, Option C
☐ Other: [________________________________]

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

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

ARTICLE VIII — COVENANTS AND RESTRICTIONS

8.1 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority, the child(ren)'s schooling, medical care, or daily routines.

8.2 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household in the child(ren)'s presence. Neither parent shall engage in parental alienation.

8.3 Substance Use

Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within 12 hours prior. The Non-Custodial Parent shall submit to drug/alcohol testing if:
☐ Ordered by the court
☐ Requested by the Custodial Parent with reasonable cause
☐ Not applicable

8.4 Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

8.5 Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) promptly at the conclusion of each parenting period. Failure to return the child(ren) on time without prior notice and good cause constitutes a material breach.

8.6 Address and Contact Changes

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

ARTICLE IX — DISPUTE RESOLUTION

9.1 Direct Communication

Parents shall first attempt to resolve disputes through respectful direct communication.

9.2 Mediation

If direct communication fails, parents shall participate in mediation with a qualified Idaho family mediator. Mediation requirements vary by judicial district. Contact the Court Assistance Office in your district.

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

9.3 Court Petition

Either parent may petition the Magistrate Division for resolution.

9.4 Emergency Relief

Either parent may seek immediate emergency relief to protect the child(ren) without completing the above steps. IRFLP Rule 504 authorizes Motions for Temporary Orders.

9.5 Attorney's Fees

The court may award reasonable attorney's fees to the prevailing party in enforcement proceedings.

ARTICLE X — FINANCIAL PROVISIONS

10.1 Child Support

Child support shall be determined separately per the Idaho Child Support Guidelines.

10.2 Health Insurance

Maintained by: ☐ Custodial Parent ☐ Non-Custodial Parent ☐ Both
Provider/Policy: [________________________________]

10.3 Unreimbursed Medical Expenses

☐ Custodial Parent pays 100%
☐ Split equally (50/50)
☐ Proportional to income: Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Other: [________________________________]

10.4 Extracurricular Costs

☐ Custodial Parent decides and pays
☐ Shared equally
☐ Split [____]% / [____]%

ARTICLE XI — MODIFICATION

11.1 Modification Standard

This Agreement may be modified upon a showing of a substantial, material, and permanent change in circumstances affecting the child(ren)'s best interests under I.C. § 32-717. Either parent may petition the court for modification.

11.2 Transition from Supervised to Unsupervised Parenting Time

If supervised parenting time is ordered, the Non-Custodial Parent may petition for modification to unsupervised parenting time upon demonstrating compliance with the conditions set forth in Article IV.

11.3 Transition from Sole to Joint Custody

The Non-Custodial Parent may petition for joint custody if circumstances change such that the I.C. § 32-717B presumption favoring joint custody is no longer rebutted.

11.4 Military Service (I.C. § 32-720)

Military service shall not be grounds to reduce a servicemember parent's custody or visitation.

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 unenforceable, the remaining provisions continue in full force.

12.3 Integration

This Agreement constitutes the entire understanding regarding sole custody and supersedes all prior agreements on the subject.

12.4 Counterparts

This Agreement may be executed in counterparts, including electronic signatures.

ARTICLE XIII — EXECUTION

The undersigned parties stipulate and agree to this Sole Custody Agreement, representing that:

• Each party enters this Agreement voluntarily;
• Each party has had the opportunity to consult with independent legal counsel;
• The sole custody arrangement serves the child(ren)'s best interests under I.C. § 32-717;
• The I.C. § 32-717B presumption favoring joint custody has been rebutted for the reasons stated in Article II.

Custodial Parent:

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

Non-Custodial Parent:

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

VERIFICATION

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

I, [________________________________], being first duly sworn upon oath, state that I am ☐ the Custodial Parent ☐ the Non-Custodial Parent in this 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 Sole Custody Agreement and the record herein, finds:

1. The Court has jurisdiction under Idaho Code Title 32, Chapter 7.
2. The I.C. § 32-717B presumption favoring joint custody has been rebutted by: [________________________________]
3. Sole custody to [________________________________] is in the best interests of the minor child(ren) under I.C. § 32-717(1)(a)-(g).

IT IS HEREBY ORDERED that:

• [________________________________] is awarded sole legal and physical custody of the minor child(ren).
• The Non-Custodial Parent shall have parenting time as set forth in the Agreement.
• All provisions of the Sole Custody Agreement are adopted and incorporated herein.

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 (Rebuttable Presumption): 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 § 39-6303 — Domestic Violence: Idaho Legislature
• IRFLP Rule 117 — Statement of a Child: Idaho Supreme Court
• IRFLP Rule 1003 — Supervised Access to Child: Idaho Supreme Court
• Idaho Court Assistance Office — Custody Forms: Court Self Help
• Idaho Family Court Locations: Idaho Supreme Court
• Kootenai County Supervised Visitation: Kootenai County