TEMPORARY CUSTODY AGREEMENT / STIPULATION FOR TEMPORARY CUSTODY ORDER

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,

v.

[________________________________], Respondent.

PROCEDURAL NOTE: Temporary custody orders in Idaho are governed by Idaho Code §§ 32-704 and 32-717. A temporary order is not a judgment and does not need to comply with IRFLP Rule 802 requirements for final judgments. Temporary orders cannot be certified as final judgments. Under IRFLP Rule 504, either party may file a Motion for Temporary Orders to address custody pendente lite (during the pendency of the action). This template may be used as a stipulation between the parties or adapted as a proposed order for the court.

ARTICLE I — PARTIES AND CIRCUMSTANCES

1.1 Identification of the Parties

Party A (☐ Parent ☐ Temporary Custodian ☐ Grandparent ☐ Other: [________________________________]):
- Full Legal Name: [________________________________]
- Date of Birth: [__/__/____]
- Residential Address: [________________________________]
- City/State/Zip: [________________________________]
- Phone: [________________________________]
- Email: [________________________________]
- Relationship to child(ren): [________________________________]

Party B (☐ Parent ☐ Temporary Custodian ☐ Grandparent ☐ Other: [________________________________]):
- Full Legal Name: [________________________________]
- Date of Birth: [__/__/____]
- Residential Address: [________________________________]
- City/State/Zip: [________________________________]
- Phone: [________________________________]
- Email: [________________________________]
- Relationship to child(ren): [________________________________]

1.2 Minor Child(ren)

1.3 Reason for Temporary Custody

Temporary custody is necessary because (check all that apply):

☐ Pending divorce proceeding — Case No.: [________________________________], filed [__/__/____] in the [____] Judicial District, County of [________________________________]
☐ Pending paternity or custody proceeding — Case No.: [________________________________]
☐ Military deployment — Parent ordered to active duty under I.C. § 32-720 or Title 10 U.S.C.
- Branch: [________________________________]
- Expected deployment dates: [__/__/____] through [__/__/____]
- Duty station: [________________________________]
☐ Medical incapacity — Parent unable to provide care due to: [________________________________]
- Expected duration: [________________________________]
☐ Substance abuse treatment — Parent entering treatment program
- Facility: [________________________________]
- Expected duration: [________________________________]
☐ Incarceration — Parent incarcerated at: [________________________________]
- Expected release date: [__/__/____]
☐ Extended work assignment — Parent temporarily relocated for employment
- Location: [________________________________]
- Expected duration: [________________________________]
☐ Emergency safety concerns — Immediate temporary arrangement needed to protect the child(ren)
- Nature of concern: [________________________________]
☐ Voluntary interim arrangement — Parents agree to temporary terms while finalizing permanent custody
☐ Other: [________________________________]

1.4 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

ARTICLE II — DURATION AND TERMINATION

2.1 Effective Date

This Agreement takes effect on: [__/__/____]

☐ Immediately upon execution by both parties.
☐ Upon entry of the Court's temporary order.
☐ Upon the occurrence of: [________________________________]

2.2 Termination

This Agreement shall terminate on the earliest of:

☐ Specified end date: [__/__/____]
☐ Entry of a permanent custody order by the Court
☐ Completion of the underlying event: (e.g., parent's return from deployment, completion of treatment, resolution of divorce)
☐ Written agreement of both parties to terminate, filed with the Court
☐ Court order modifying or terminating this temporary arrangement
☐ [____] days' written notice by the parent(s) of intent to resume full custody

2.3 Temporary Nature — No Presumption

The parties and the Court acknowledge that:
- This is an explicitly temporary arrangement.
- This Agreement does not constitute a permanent custody determination.
- This Agreement does not establish any presumption regarding permanent custody.
- This Agreement does not constitute abandonment of parental rights.
- Under I.C. § 32-704, temporary orders issued during the pendency of a divorce action are not final judgments.

ARTICLE III — TEMPORARY CUSTODY ARRANGEMENT

3.1 Type of Temporary Custody

Select one:

☐ Option A — Temporary Physical Custody to One Party, Legal Custody Retained by Parent

• Temporary physical custody to: [________________________________] ("Temporary Custodian")
• Legal custody retained by: [________________________________] ("Parent")
• The Temporary Custodian shall provide day-to-day care and make routine decisions (meals, bedtime, discipline, daily activities).
• The Parent retains authority for all major decisions (education, healthcare, religious upbringing, extracurriculars).
• The Temporary Custodian shall consult the Parent before any major decision.

☐ Option B — Temporary Physical and Legal Custody to One Party

• Temporary physical and legal custody to: [________________________________] ("Temporary Custodian")
• The Temporary Custodian has authority to make both routine and major decisions in the child(ren)'s best interests.
• The Temporary Custodian shall consult the Parent when reasonably possible before making major decisions.
• The Temporary Custodian may:
  ☐ Enroll the child(ren) in school
  ☐ Consent to routine and emergency medical care
  ☐ Consent to mental health services
  ☐ Register the child(ren) for extracurricular activities
  ☐ Other: [________________________________]

☐ Option C — Temporary Shared Custody Between Two Parents

During the temporary period, the parents shall share custody as follows:
- Physical custody schedule: [________________________________]
- Legal custody: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
- This arrangement is temporary pending: ☐ Divorce ☐ Permanent custody determination ☐ Other: [________________________________]

Under I.C. § 32-717B, the rebuttable presumption favoring joint custody applies even during the temporary period unless rebutted.

☐ Option D — Emergency Temporary Custody

Based on the emergency circumstances described in Section 1.3, temporary custody is granted to [________________________________] immediately to protect the child(ren)'s health, safety, or welfare.
- Duration: Until hearing on permanent arrangement, or [________________________________]
- Emergency basis: [________________________________]

3.2 Temporary Residence

The child(ren) shall reside with the Temporary Custodian / designated parent at:
[________________________________]
[________________________________]

☐ The child(ren) shall continue to attend their current school: [________________________________]
☐ The child(ren) shall be enrolled in: [________________________________] (with appropriate party's consent)

3.3 Decision-Making Authority During Temporary Period

ARTICLE IV — PARENTING TIME AND VISITATION DURING TEMPORARY PERIOD

4.1 Non-Custodial Party's Parenting Time

The party not exercising temporary custody shall have contact with the child(ren) as follows:

☐ Option A — In-Person Parenting Time
- Schedule: [________________________________]
- Exchange location: [________________________________]
- Transportation: ☐ Non-custodial party ☐ Temporary custodian ☐ Shared ☐ Other: [________________________________]

☐ Option B — Supervised Parenting Time (IRFLP Rule 1003)
- Frequency: [________________________________]
- Duration: [________________________________]
- Location: ☐ Professional supervised visitation center ☐ Court-approved supervisor: [________________________________]
- Provider fees: ☐ Non-custodial party ☐ Split [____]% / [____]%
- All visits shall comply with IRFLP Rule 1003 supervised access standards.

☐ Option C — Virtual/Remote Contact (for deployed, incarcerated, or distant parent)
- Video calls: [____] times per week at [________________________________]
- Phone calls: [____] times per week at [________________________________]
- Written communication (letters, email): ☐ Unrestricted ☐ [________________________________]
- The Temporary Custodian shall facilitate all scheduled communications.

☐ Option D — No Contact
Contact is temporarily suspended because: [________________________________]
Review date: [__/__/____]

4.2 Holiday Schedule During Temporary Period

☐ Holidays shall be allocated as follows: [________________________________]
☐ The regular holiday schedule from a prior order shall remain in effect.
☐ No separate holiday schedule during this temporary period; the schedule in Section 4.1 applies.

ARTICLE V — COMMUNICATION AND REPORTING

5.1 Communication Between Parties

The parties shall communicate through:
☐ Co-parenting application
☐ Email
☐ Text message
☐ Phone (at reasonable times)
☐ Other: [________________________________]

5.2 Reporting by Temporary Custodian

The Temporary Custodian shall provide the Parent with:
- Weekly updates on the child(ren)'s welfare, activities, and any concerns
- Immediate notification of any emergency, illness, injury, or hospitalization
- Copies of school reports, medical records, and other important documents within [____] days of receipt
- Notification of school events, activities, and parent-teacher conferences

5.3 Parent Availability

The Parent shall:
- Provide current contact information and update within 48 hours of any change
- Remain reasonably available for consultation on major decisions
- Respond to time-sensitive communications within [____] hours (suggested: 24-48 hours)

ARTICLE VI — FINANCIAL RESPONSIBILITIES DURING TEMPORARY PERIOD

6.1 Child Support

☐ Parent shall pay temporary child support of $[________________________________] per ☐ month ☐ week to the Temporary Custodian, calculated per the Idaho Child Support Guidelines.
☐ Parent shall pay directly for the following expenses: [________________________________]
☐ No financial exchange — the Temporary Custodian assumes all expenses during the temporary period.
☐ Child support per existing order shall continue.

6.2 Health Insurance

Health insurance for the child(ren) shall be maintained by:
☐ Parent A: [________________________________] (provider/policy)
☐ Parent B: [________________________________] (provider/policy)
☐ The Temporary Custodian shall maintain coverage through: [________________________________]

6.3 Unreimbursed Medical Expenses

☐ Parent pays 100%
☐ Split equally
☐ Proportional: Parent [____]% / Temporary Custodian [____]%
☐ Other: [________________________________]

6.4 Other Expenses

• Childcare/daycare: ☐ Parent ☐ Temporary Custodian ☐ Split [____]% / [____]%
• Extracurricular activities: ☐ Parent ☐ Temporary Custodian ☐ Split [____]% / [____]%
• School expenses: ☐ Parent ☐ Temporary Custodian ☐ Split [____]% / [____]%

ARTICLE VII — TRANSITION BACK TO PARENT

7.1 Notice of Intent to Resume Custody

The Parent shall provide at least [____] days' written notice of intent to resume full custody (unless custody resumes on the specified end date in Section 2.2).

7.2 Transition Plan

☐ Immediate transition: The child(ren) shall return to the Parent's custody on the termination date.

☐ Graduated transition: The child(ren) shall transition gradually as follows:
- Week 1: [________________________________]
- Week 2: [________________________________]
- Week 3: [________________________________]
- Full custody resumed: [________________________________]

☐ Transition based on professional recommendation:
The transition schedule shall be recommended by: ☐ Family therapist ☐ Guardian ad litem ☐ Court evaluator ☐ Other: [________________________________]

7.3 Cooperation During Transition

Both parties shall cooperate to ensure a smooth transition, minimize disruption to the child(ren)'s routine, and prioritize the child(ren)'s emotional well-being.

ARTICLE VIII — COVENANTS AND RESTRICTIONS

8.1 Best Interests

The Temporary Custodian shall act in the child(ren)'s best interests at all times, maintaining safety, health, and welfare.

8.2 Consistency

The Temporary Custodian shall maintain reasonable consistency with the Parent's child-rearing values, discipline, household rules, and routines to the extent practicable.

8.3 Non-Disparagement

Neither party shall make disparaging remarks about the other in the child(ren)'s presence or encourage others to do so.

8.4 Substance Use

The Temporary Custodian shall not consume alcohol to the point of impairment or use illegal substances while caring for the child(ren).

8.5 Firearms Safety

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

8.6 No Relocation

The Temporary Custodian shall not relocate the child(ren) outside of [________________________________] (suggested: the county or judicial district) without the Parent's written consent or court order.

8.7 Facilitate Parent-Child Relationship

The Temporary Custodian shall actively facilitate the child(ren)'s relationship with the Parent and shall not interfere with communications or scheduled parenting time.

8.8 No Delegation of Custody

The Temporary Custodian shall not delegate physical custody to a third party (other than normal childcare or school) without the Parent's written consent.

8.9 Address and Contact Changes

Both parties shall notify the other within 48 hours of any change in address, phone number, or email.

ARTICLE IX — DOMESTIC VIOLENCE AND SAFETY

9.1 Safety Provisions

☐ Not applicable — No domestic violence concerns.
☐ Applicable — The following provisions are in effect:

☐ Protection order in effect — Case No.: [________________________________]
☐ No direct contact between parties — communication through [________________________________]
☐ Supervised exchanges required
☐ Supervised parenting time per IRFLP Rule 1003
☐ Other: [________________________________]

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

If an allegation of child abuse or sexual abuse arises during the temporary period, the court shall order investigation by the Idaho Department of Health and Welfare per I.C. § 32-717C.

ARTICLE X — DISPUTE RESOLUTION

10.1 Direct Communication

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

10.2 Mediation

If direct communication fails, parties shall attend mediation with a qualified Idaho family mediator (requirements vary by judicial district).
- Exception: Mediation not required when domestic violence is alleged.
- Costs: ☐ Shared equally ☐ Split [____]% / [____]%

10.3 Court Intervention

Either party may petition the Magistrate Division for resolution, including filing a Motion for Temporary Orders under IRFLP Rule 504.

10.4 Emergency Relief

Either party may seek immediate emergency relief to protect the child(ren)'s health, safety, or welfare.

10.5 Attorney's Fees

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

ARTICLE XI — DEFAULT AND REMEDIES

11.1 Events of Default

• Interference with the Parent's communication or parenting time rights
• Failure to return the child(ren) at the end of the temporary period
• Unauthorized relocation
• Violation of any covenant in Article VIII
• Abuse, neglect, or endangerment of the child(ren)

11.2 Immediate Termination

The Parent may immediately terminate this Agreement if:
- The Temporary Custodian abuses, neglects, or endangers the child(ren)
- Continued temporary custody is contrary to the child(ren)'s best interests
- The Temporary Custodian violates a protection order or court directive

11.3 Remedies

• Immediate return of the child(ren) to the Parent
• Court petition for enforcement or modification
• Contempt proceedings
• Any other remedy available at law or equity

ARTICLE XII — ADDITIONAL PROVISIONS

12.1 Military Deployment Provisions (I.C. § 32-720)

☐ Not applicable.
☐ This temporary custody is necessitated by military service. Under I.C. § 32-720:
- Military service shall not be treated as a substantial or material and permanent change in circumstances to reduce the servicemember's previously decreed custody and visitation privileges.
- Upon the servicemember's return from active duty, custody shall revert to the pre-deployment arrangement unless the court orders otherwise.
- Designation of temporary custodian during deployment: [________________________________]

12.2 Grandparent Standing (I.C. § 32-717(3))

☐ Not applicable.
☐ The Temporary Custodian is a grandparent with whom the child(ren) have been residing in a stable relationship. Under I.C. § 32-717(3), the court may recognize the grandparent as having the same standing as a parent.

12.3 Power of Attorney for Minor Child

If the Temporary Custodian is not a legal parent, a separate Power of Attorney for Minor Child or Caregiver Authorization may be needed to:
- Enroll the child(ren) in school
- Consent to medical care
- Access the child(ren)'s records

☐ A separate Power of Attorney is attached hereto as Exhibit [____].
☐ Not applicable — the Temporary Custodian is a legal parent.

ARTICLE XIII — GENERAL PROVISIONS

13.1 Governing Law

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

13.2 Temporary Nature

This Agreement is explicitly temporary and does not affect permanent custody rights or establish presumptions for future custody determinations.

13.3 Severability

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

13.4 Integration

This Agreement constitutes the entire understanding regarding temporary custody.

13.5 Counterparts

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

13.6 Notice

All formal notices shall be sent to the addresses listed in Section 1.1.

ARTICLE XIV — EXECUTION

The undersigned parties stipulate and agree to this Temporary Custody Agreement, representing that:
- Each party enters this Agreement voluntarily, without coercion or duress;
- Each party has had the opportunity to consult with independent legal counsel;
- This temporary arrangement is in the child(ren)'s best interests;
- This Agreement does not constitute a permanent custody determination or abandonment of parental rights.

Party A:

Signature: _________________________________
Printed Name: [________________________________]
Relationship to child(ren): [________________________________]
Date: [__/__/____]

Party B:

Signature: _________________________________
Printed Name: [________________________________]
Relationship to child(ren): [________________________________]
Date: [__/__/____]

VERIFICATION

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

I, [________________________________], being first duly sworn, depose and say that I am ☐ Party A ☐ Party B; that I have read the foregoing Temporary Custody Agreement and believe the facts stated therein are true and correct.

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

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

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

TEMPORARY ORDER

The Court, having reviewed the Stipulation for Temporary Custody filed by the parties, and good cause appearing therefor:

IT IS HEREBY ORDERED that temporary custody of the minor child(ren) is awarded as set forth in the parties' Stipulation, which is incorporated herein by reference.

IT IS FURTHER ORDERED that this is a temporary order issued pursuant to Idaho Code §§ 32-704 and 32-717 and is not a final judgment. This order shall remain in effect until: ☐ entry of a permanent custody order ☐ [__/__/____] ☐ further order of the Court.

IT IS FURTHER ORDERED that this temporary order does not establish any presumption regarding permanent custody.

Date: [__/__/____]

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

Sources and References

• Idaho Code § 32-704 — Temporary Orders: Idaho Legislature
• 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 § 32-720 — Modification — Servicemembers: Idaho Legislature
• Idaho Code § 39-6303 — Domestic Violence: Idaho Legislature
• IRFLP Rule 504 — Motion for Temporary Orders: Idaho Supreme Court
• IRFLP Rule 117 — Statement of a Child: Idaho Supreme Court
• IRFLP Rule 1003 — Supervised Access to Child: Idaho Supreme Court
• Idaho Court Assistance Office — All Forms: Court Self Help
• Idaho Family Court Locations: Idaho Supreme Court
• Idaho Legal Aid — Family Law: Idaho Legal Aid