Idaho Code § 32-202 — Idaho Code / Title 32 / Chapter 2 / Section 32-202
32-202 PERSONS WHO MAY MARRY.
Status: in_force

32-202. Persons who may marry. Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. A minor under eighteen (18) and not less than sixteen (16) years of age may not contract marriage with a person of the age of majority where there is an age difference of three (3) years or greater between them. No marriage license for a minor under the age of eighteen (18) and not less than sixteen (16) years of age shall be issued where there is such an age difference between the parties. Provided that if the male party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, or if the female party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, the license shall not be issued except upon the consent in writing duly acknowledged and sworn to by the father, mother, or guardian of any such person if there be either, and provided further, that no such license may be issued, if the male be under eighteen (18) and not less than sixteen (16) years of age and the female under eighteen (18) and not less than sixteen (16) years of age, unless each party to the contract submits to the county recorder his or her original birth certificate, or certified copy thereof or other proof of age acceptable to the county recorder. Where the female is under the age of sixteen (16), or the male is under the age of sixteen (16), the license shall not be issued.

History:

[(32-202) 1863, p. 613, sec. 2; R.S., sec. 2421; am. 1888-1889, p. 40; reen. R.C. & C.L., sec. 2612; C.S., sec. 4592; am. 1921, ch. 221, sec. 1, p. 492; I.C.A. 31-202; am. 1943, ch. 50, sec. 1, p. 96; am. 1967, ch. 326, sec. 1, p. 955; am. 1969, ch. 90, sec. 1, p. 302; am. 1972, ch. 68, sec. 1, p. 138; am. 1981, ch. 295, sec. 1, p. 615; am. 2020, ch. 241, sec. 1, p. 707.]
Idaho Code § 32-913 — Idaho Code / Title 32 / Chapter 9 / Section 32-913
32-913 PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS.
Status: in_force

32-913. Payments from employee benefit plans — Adverse claims. Whenever payment or refund is made to an employee, former employee, or such person's beneficiary or heirs, legatees or estate pursuant to a written retirement, death, stock, or other employee benefit plan or savings plan such payment or refund shall fully discharge the employer, former employer, and any trustee or insurance company making such payment or refund from all adverse claims thereto unless such payment or refund is made within twenty (20) days following the death of such employee or former employee or unless before such payment or refund is made, the employer or former employer, where the payment or refund is made by the employer or former employer, has received at its principal place of business within this state or home office, written or oral notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof, or where a trustee or insurance company is making the payment or refund, such notice has been received by the trustee or insurance company at its home office or its principal place of business within this state. Should said payment or refund be comprised in whole or in part of stock of any corporation, such corporation may accept said stock for transfer as directed by the employer, former employer, or the trustee making such payment or refund, and shall be entitled to treat the transferee as the owner of said stock for all purposes unless the corporation has received, at its home office, written or oral notice by or on behalf of some other person that such other person claims to be entitled to such stock or to some interest therein. This section shall not affect any claim or right to any such payment or refund or part thereof as between all persons other than the employer or former employer and the trustee or insurance company making such payment or refund or the corporation accepting such stock for transfer.

History:

[32-913, added 1977, ch. 168, sec. 1, p. 433.]
Idaho Code § 32-208 — Idaho Code / Title 32 / Chapter 2 / Section 32-208
32-208 RELEASE FROM CONTRACT FOR UNCHASTITY.
Status: in_force

32-208. Release from contract for unchastity. Neither party to a contract to marry is bound by a promise made in ignorance of the other's want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other, unless both parties participate therein.

History:

[(32-208) R.S., sec. 2427; reen. R.C. & C.L., sec. 2618; C.S., sec. 4598; I.C.A., sec. 31-208.]
Idaho Code § 32-11-302 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-302
32-11-302 ENFORCEMENT UNDER HAGUE CONVENTION.
Status: in_force

PART 3

ENFORCEMENT

32-11-302. Enforcement under Hague Convention. Under this chapter a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination.

History:

[32-11-302, added 2000, ch. 227, sec. 2, p. 634.]
Idaho Code § 32-919 — Idaho Code / Title 32 / Chapter 9 / Section 32-919
32-919 MARRIAGE SETTLEMENTS — EFFECT OF RECORD.
Status: in_force

32-919. Marriage settlements — Effect of record. The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.

History:

[(32-919) 1866, p. 65, sec. 18; R.S., sec. 2511; reen. R.C. & C.L., sec. 2692; C.S., sec. 4673; I.C.A., sec. 31-920.]
Idaho Code § 32-714 — Idaho Code / Title 32 / Chapter 7 / Section 32-714
32-714 COMMUNITY PROPERTY AND HOMESTEAD — REVISION ON APPEAL.
Status: in_force

32-714. Community property and homestead — Revision on appeal. The disposition of the community property, and of the homestead, as above provided, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.

History:

[(32-714) 1874, p. 634, sec. 12; R.S., sec. 2482; reen. R.C. & C.L., sec. 2672; C.S., sec. 4652; I.C.A., sec. 31-714.]
Idaho Code § 32-613 — Idaho Code / Title 32 / Chapter 6 / Section 32-613
32-613 RECRIMINATION.
Status: in_force

32-613. Recrimination. Recrimination is a showing by the defendant of any cause of divorce against the plaintiff, in bar of the plaintiff's cause of divorce.

History:

[(32-613) R.S., sec. 2466; reen. R.C. & C.L., sec. 2656; C.S., sec. 4636; I.C.A., sec. 31-612.]
Idaho Code § 32-11-207 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-207
32-11-207 INCONVENIENT FORUM.
Status: in_force

PART 2

JURISDICTION

32-11-207. Inconvenient forum. (a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this state;

(3) The distance between the court in this state and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

History:

[32-11-207, added 2000, ch. 227, sec. 2, p. 631.]
Idaho Code § 32-1803 — Idaho Code / Title 32 / Chapter 18 / Section 32-1803
32-1803 REIMBURSEMENT OF TEMPORARY CAREGIVER.
Status: in_force

32-1803. reimbursement of temporary caregiver. A temporary caregiver appointed pursuant to section 32-1801, Idaho Code, shall not receive financial payment other than reimbursement for actual expenses arising from the care of the child.

History:

[32-1803, added 2021, ch. 269, sec. 1, p. 819.]
Idaho Code § 32-11-307 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-307
32-11-307 SIMULTANEOUS PROCEEDINGS.
Status: in_force

PART 3

ENFORCEMENT

32-11-307. Simultaneous proceedings. If a proceeding for enforcement under part 3 of this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under part 2 of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

History:

[32-11-307, added 2000, ch. 227, sec. 2, p. 635.]
Idaho Code § 32-1201 — Idaho Code / Title 32 / Chapter 12 / Section 32-1201
32-1201 STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

32-1201. Statement of legislative intent. The legislature of the state of Idaho finds that a significant number of people who are owed child support are not paid in accordance with the terms of their child support orders; and that income withholding is an effective remedy to insure compliance with child support orders. The following legislation is enacted to ensure that all child support orders will include in them the authority necessary to permit wage withholding. The legislation also includes provisions for the establishment of a support order to insure that all dependent children are adequately supported, regardless of the past or current marital status of the parents. This chapter shall be liberally construed to assure that all dependent children are adequately supported.

History:

[32-1201, added 1986, ch. 222, sec. 1, p. 594.]
Idaho Code § 32-1607 — Idaho Code / Title 32 / Chapter 16 / Section 32-1607
32-1607 NOTICE.
Status: in_force

32-1607. Notice. Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department's records, a copy of the asset withholding order and a notice containing the following:

(1) The obligor's and/or the co-owner's right to a hearing;

(2) The request for a hearing must be in writing and received by the department within fourteen (14) days after the date of mailing the notice;

(3) That the asset subject to the withholding order will be applied to the arrears unless a timely request for hearing is made;

(4) That the asset will be released by the department if the obligor pays the arrears and the current support obligation in full; and

(5) The grounds to contest the asset withholding order:

(a) The amount of arrears;

(b) The validity of the order;

(c) The extent of the obligor's interest in the asset; and

(d) The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.

History:

[32-1607, added 2004, ch. 213, sec. 2, p. 644.]
Idaho Code § 32-11-402 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-402
32-11-402 SEVERABILITY CLAUSE.
Status: in_force

PART 4

MISCELLANEOUS PROVISIONS

32-11-402. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[32-11-402, added 2000, ch. 227, sec. 2, p. 639.]
Idaho Code § 32-1214D — Idaho Code / Title 32 / Chapter 12 / Section 32-1214D
32-1214D EXCEPTIONS TO REQUIREMENT FOR IMMEDIATE ENROLLMENT.
Status: in_force

32-1214D. Exceptions to requirement for immediate enrollment. The plan administrator or employer shall enroll the child unless the employer or insurer does not offer insurance, the obligor would not qualify for any plan, or the obligor has separated from employment. If insurance is not available because a probationary period exceeds ninety (90) days, the plan administrator or employer shall return the notice to the employer and the department without enrolling the child. If insurance is not available during a probationary period that is ninety (90) days or less, or if ninety (90) days or less remains from a longer waiting period, the plan administrator shall process the enrollment, and notify the employer, the department or other obligee, of the effective date of coverage.

History:

[32-1214D, added 2003, ch. 304, sec. 5, p. 836.]
Idaho Code § 32-11-103 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-103
32-11-103 PROCEEDINGS GOVERNED BY OTHER LAW.
Status: in_force

PART 1

GENERAL PROVISIONS

32-11-103. Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

History:

[32-11-103, added 2000, ch. 227, sec. 2, p. 626.]
Idaho Code § 32-803 — Idaho Code / Title 32 / Chapter 8 / Section 32-803
32-803 PROSECUTING ATTORNEY TO DEFEND ACTION.
Status: in_force

32-803. Prosecuting attorney to defend action. It shall be the duty of the county attorney upon whom the summons and complaint in such action shall be served to appear for such defendant in such action and defend the same, and no divorce shall be granted under the provisions of this chapter except in the presence of the county attorney.

History:

[(32-803) 1895, p. 11, sec. 3; reen. 1899, p. 232, sec. 3; reen. R.C. & C.L., sec. 4626; C.S., sec. 7039; I.C.A., sec. 31-803.]
Idaho Code § 32-102 — Idaho Code / Title 32 / Chapter 1 / Section 32-102
32-102 UNBORN CHILD AS EXISTING PERSON.
Status: in_force

32-102. Unborn child as existing person. A child conceived, but not yet born, is to be deemed an existing person so far as may be necessary for its interests, in the event of its subsequent birth.

History:

[(32-102) R.S., sec. 2406; reen. R.C. & C.L., sec. 2602; C.S., sec. 4584; I.C.A., sec. 31-102.]
Idaho Code § 32-606 — Idaho Code / Title 32 / Chapter 6 / Section 32-606
32-606 WILFUL DESERTION.
Status: in_force

32-606. Wilful desertion. Wilful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

History:

[(32-606) R.S., sec. 2460; reen. R.C. & C.L., sec. 2650; C.S., sec. 4630; I.C.A., sec. 31-606.]
Idaho Code § 32-908 — Idaho Code / Title 32 / Chapter 9 / Section 32-908
32-908 EFFECT OF FILING INVENTORY.
Status: in_force

32-908. Effect of filing inventory. The filing of the inventory in the recorder's office is notice and prima facie evidence of the title of the wife.

History:

[(32-908) 1866, p. 65, sec. 5; R.S., sec. 2501; reen. R.C. & C.L., sec. 2682; C.S., sec. 4662; I.C.A., sec. 31-909.]
Idaho Code § 32-701 — Idaho Code / Title 32 / Chapter 7 / Section 32-701
32-701 RESIDENCE REQUIRED BY PLAINTIFF.
Status: in_force

32-701. Residence required by plaintiff. A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action.

History:

[(32-701) 1874, p. 639, sec. 3; R.S., sec. 2469; reen. R.C., sec. 2659; am. 1917, ch. 125, sec. 1, p. 414; reen. C.L., sec. 2659; C.S., sec. 4639; am. 1931, ch. 77, sec. 1, p. 132; I.C.A., sec. 31-701; am. 1937, ch. 94, sec. 1, p. 131.]
Idaho Code § 32-906A — Idaho Code / Title 32 / Chapter 9 / Section 32-906A
32-906A COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY.
Status: in_force

32-906A. Community property conveyed in a revocable trust remains community property. Where community property, before or after the effective date of this section, is transferred by the husband and wife to a trust, regardless of the identity of the trustee, which trust originally or as amended prior or subsequent to such transfer (a) is revocable in whole or in part during their joint lives, (b) provides that the property after transfer to the trust shall remain community property and any withdrawal therefrom shall be their community property, and (c) is subject to amendment or alteration during their joint lifetime upon their joint consent, the property so transferred to such trust, and the interests of the spouses in such trust, shall be community property during the continuance of the marriage, unless the trust otherwise expressly provides. Nothing in this section shall be deemed to affect community property which, before or after the effective date of this section, is transferred in a manner other than as described in this section or to a trust containing different provisions than those set forth in this section; nor shall this section be construed to prohibit the trustee from conveying any trust property, real or personal, in accordance with the provisions of the trust without the consent of the husband or wife unless the trust expressly required the consent of one or both spouses.

History:

[I.C., sec. 32-906A, as added by 1973, ch. 159, sec. 1, p. 304.]
Idaho Code § 32-406 — Idaho Code / Title 32 / Chapter 4 / Section 32-406
32-406 SOLEMNIZATION WITHOUT LICENSE — PENALTY.
Status: in_force

32-406. Solemnization without license — Penalty. If any such minister or officer shall presume to solemnize any marriage between parties without such a license, or with knowledge that either party is legally incompetent to contract matrimony as is provided for by the laws of this state, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than $200.00 before any court having jurisdiction.

History:

[(32-406) 1895, p. 166, sec. 6; reen. 1899, p. 278, sec. 6; reen. R.C. & C.L., sec. 2634; C.S., sec. 4614; I.C.A., sec. 31-406.]
Idaho Code § 32-1214J — Idaho Code / Title 32 / Chapter 12 / Section 32-1214J
32-1214J NOTICE OF TERMINATION OF COVERAGE.
Status: in_force

32-1214J. Notice of termination of coverage. The plan administrator or employer shall notify the department or other obligee within twenty (20) days when health benefits are no longer available and state the reason why.

History:

[32-1214J, added 2003, ch. 304, sec. 11, p. 838.]
Idaho Code § 32-504 — Idaho Code / Title 32 / Chapter 5 / Section 32-504
32-504 CUSTODY OF CHILDREN.
Status: in_force

32-504. Custody of children. The court must award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party.

History:

[(32-504) R.S., sec. 2453; reen. R.C. & C.L., sec. 2643; C.S., sec. 4623; I.C.A., sec. 31-504.]
Idaho Code § 32-11-305 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-305
32-11-305 REGISTRATION OF CHILD CUSTODY DETERMINATION.
Status: in_force

PART 3

ENFORCEMENT

32-11-305. Registration of child custody determination. (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the office of the clerk of any district court in this state:

(1) A letter or other document requesting registration;

(2) Two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) Except as otherwise provided in section 32-11-209, Idaho Code, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a) of this section, the registering court shall:

(1) Cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and

(2) Serve notice upon the persons named pursuant to subsection (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subsection (b)(2) of this section must state that:

(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(2) A hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and

(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing within twenty (20) days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(1) The issuing court did not have jurisdiction under part 2 of this chapter;

(2) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under part 2 of this chapter; or

(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 32-11-108, Idaho Code, in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

History:

[32-11-305, added 2000, ch. 227, sec. 2, p. 634.]
Idaho Code § 32-1801 — Idaho Code / Title 32 / Chapter 18 / Section 32-1801
32-1801 DELEGATION OF PARENTAL POWERS.
Status: in_force

32-1801. DELEGATION OF PARENTAL POWERS. (1) A parent or legal guardian of a child, by a properly executed power of attorney, may temporarily delegate to another person, named in the instrument as the temporary caregiver, any of the traditional parental rights and responsibilities regarding care and custody of the child except for:

(a) Consent for the child to marry;

(b) Consent for an abortion or inducement of an abortion to be performed on or for the child; or

(c) The termination of parental rights to the child.

(2) A temporary caregiver properly appointed pursuant to this chapter and in compliance with this chapter is not subject to any statutes regarding the licensing or regulation of foster care homes or other child care facility licensing statutes, and the appointment of a temporary caregiver pursuant to this chapter does not constitute an out-of-home child placement.

(3) The child or children subject to the power of attorney established pursuant to this section will not be considered placed in foster care, and the parties involved in the power of attorney established pursuant to this section are not subject to any requirements, monitoring, or other regulation for foster care or community care solely because of the execution of an instrument authorized pursuant to this section.

(4) A delegation of parental rights and responsibilities made pursuant to this section may last for up to six (6) months.

History:

[32-1801, added 2021, ch. 269, sec. 1, p. 818.]
Idaho Code § 32-502 — Idaho Code / Title 32 / Chapter 5 / Section 32-502
32-502 ACTION TO ANNUL — PARTIES AND LIMITATIONS.
Status: in_force

32-502. Action to annul — Parties and limitations. An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties as follows:

1. For causes mentioned in subdivision one; by the party to the marriage who was married under the age of legal consent, within four (4) years after arriving at the age of consent; or by a parent, guardian, or other person having charge of such nonaged male or female, at any time before such married minor has arrived at the age of legal consent;

2. For causes mentioned in subdivision two; by either party during the life of the other, or by such former husband or wife;

3. For causes mentioned in subdivision three; by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party;

4. For causes mentioned in subdivision four; by the party injured, within four (4) years after the discovery of the facts constituting the fraud;

5. For causes mentioned in subdivision five; by the injured party, within four (4) years after the marriage;

6. For causes mentioned in subdivision six; by the injured party, within four (4) years after the marriage.

History:

[(32-502) R.S., sec. 2451; reen. R.C. & C.L., sec. 2641; C.S., sec. 4621; I.C.A., sec. 31-502.]
Idaho Code § 32-11-102 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-102
32-11-102 DEFINITIONS.
Status: in_force

PART 1

GENERAL PROVISIONS

32-11-102. Definitions. In this chapter:

(a) "Abandoned" means left without provision for reasonable and necessary care or supervision.

(b) "Child" means an individual who has not attained eighteen (18) years of age.

(c) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(d) "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under part 3 of this chapter.

(e) "Commencement" means the filing of the first pleading in a proceeding.

(f) "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.

(g) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(h) "Initial determination" means the first child custody determination concerning a particular child.

(i) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.

(j) "Issuing state" means the state in which a child custody determination is made.

(k) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(l) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity.

(m) "Person acting as a parent" means a person, other than a parent, who:

(1) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and

(2) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(n) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination.

(o) "Physical custody" means the physical care and supervision of a child.

(p) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination.

(q) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(r) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(s) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

History:

[32-11-102, added 2000, ch. 227, sec. 2, p. 624.]
Idaho Code § 32-209 — Idaho Code / Title 32 / Chapter 2 / Section 32-209
32-209 RECOGNITION OF FOREIGN OR OUT-OF-STATE MARRIAGES.
Status: in_force

32-209. Recognition of foreign or out-of-state marriages. All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.

History:

[(32-209) 1866, p. 71, sec. 5; R.S., sec. 2428; reen. R.C. & C.L., sec. 2619; C.S., sec. 4599; I.C.A., sec. 31-209; am. 1996, ch. 331, sec. 1, p. 1126.]
Idaho Code § 32-1805 — Idaho Code / Title 32 / Chapter 18 / Section 32-1805
32-1805 TEMPORARY CARE ASSISTANCE PROGRAM REQUIREMENTS.
Status: in_force

32-1805. TEMPORARY CARE ASSISTANCE PROGRAM requirements. (1) For a temporary care assistance program, the department of health and welfare shall check against the state's sex offender registry operated by the Idaho state police and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries before allowing someone to become a temporary caregiver within the program's service. The process must include a criminal history and background check conducted by the department of health and welfare, pursuant to chapter 25[27], title 56, Idaho Code, which shall be conducted in the same manner as background checks for foster parents. The background check shall be fingerprint-based and shall require that the fingerprints of temporary caregivers be submitted to the Idaho state police to process the background check through the state criminal history repository and the federal bureau of investigation for a national criminal history search. The department of health and welfare shall not charge a fee for background checks required by this section.

(2) The temporary caregiver's residence must be inspected annually by the affiliated temporary care assistance program.

(3) The temporary care assistance program must disclose to any parent or guardian using its services that any delegation of parental rights and responsibilities shall be made to a temporary caregiver, not to the temporary care assistance program itself.

History:

[32-1805, added 2021, ch. 269, sec. 1, p. 819; am. 2024, ch. 104, sec. 1, p. 471; am. 2026, ch. 220, sec. 3, p. 920.]
Idaho Code § 32-11-306 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-306
32-11-306 ENFORCEMENT OF REGISTERED DETERMINATION.
Status: in_force

PART 3

ENFORCEMENT

32-11-306. Enforcement of registered determination. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with part 2 of this chapter, a registered child custody determination of a court of another state.

History:

[32-11-306, added 2000, ch. 227, sec. 2, p. 635.]
Idaho Code § 32-1214A — Idaho Code / Title 32 / Chapter 12 / Section 32-1214A
32-1214A PURPOSE.
Status: in_force

32-1214A. Purpose. The state of Idaho has an interest in ensuring that its children receive health insurance benefits through private means when available at reasonable cost as defined in section 32-1214B, Idaho Code. Therefore, the legislature hereby adopts the national medical support notice required by 42 U.S.C. section 666(a)(19) and the employee retirement income security act, 29 U.S.C. section 1169(a), to allow the department of health and welfare or an obligee to enforce an order for medical support.

History:

[32-1214A, added 2003, ch. 304, sec. 2, p. 834; am. 2008, ch. 328, sec. 2, p. 900.]
Idaho Code § 32-205 — Idaho Code / Title 32 / Chapter 2 / Section 32-205
32-205 INCESTUOUS MARRIAGES.
Status: in_force

32-205. Incestuous marriages. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half (1/2) as well as the whole blood, and between uncles and nieces, or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

History:

[(32-205) 1866, p. 71, sec. 2; R.S., sec. 2424; reen. R.C. & C.L., sec. 2615; C.S., sec. 4595; I.C.A., sec. 31-205.]
Idaho Code § 32-1214G — Idaho Code / Title 32 / Chapter 12 / Section 32-1214G
32-1214G ENFORCEMENT OF MEDICAL SUPPORT.
Status: in_force

32-1214G. enforcement of medical support. (1) In any case for which an assignment of medical support is in effect, the department shall petition the court to include health insurance that is available through employment or another group health benefit plan to either parent, and the department shall take any action necessary to ensure that one (1) parent secures and maintains medical insurance required by the support order.

(2) An obligor may request an administrative review within twenty (20) days after a notice of intent to enroll one (1) or more children in a health benefit plan is mailed by the department.

(3) The department shall cancel a notice of intent to enroll or a national medical support notice if the parent does not owe medical support, the parent is no longer obligated to provide medical support, or medical support other than medicaid is already being provided by either parent.

History:

[32-1214G, added 2025, ch. 201, sec. 6, p. 914.]
Idaho Code § 32-11-101 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-101
32-11-101 SHORT TITLE.
Status: in_force

PART 1

GENERAL PROVISIONS

32-11-101. Short title. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

History:

[32-11-101, added 2000, ch. 227, sec. 2, p. 624.]
Idaho Code § 32-608 — Idaho Code / Title 32 / Chapter 6 / Section 32-608
32-608 HABITUAL INTEMPERANCE.
Status: in_force

32-608. Habitual intemperance. Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party.

History:

[(32-608) R.S., sec. 2462; reen. R.C. & C.L., sec. 2652; C.S., sec. 4632; I.C.A., sec. 31-608.]
Idaho Code § 32-1405 — Idaho Code / Title 32 / Chapter 14 / Section 32-1405
32-1405 ADMINISTRATION OF FUNDING.
Status: in_force

32-1405. Administration of funding. Subject to the appropriation power of the legislature, the supreme court shall be responsible for administering, allocating and apportioning all funding resources for children and family court services, including grants, contributions, and appropriations from the legislature, to each judicial district upon their submission of an appropriate plan for family court services.

History:

[32-1405, added 2001, ch. 338, sec. 1, p. 1200.]
Idaho Code § 32-1205 — Idaho Code / Title 32 / Chapter 12 / Section 32-1205
32-1205 INCOME WITHHOLDING UPON A DELINQUENCY.
Status: in_force

32-1205. Income withholding upon a delinquency. If a support order does not include immediate income withholding, the obligor is subject to income withholding upon a delinquency at least equal to the child support payment for one (1) month, without the need for a judicial or administrative hearing.

History:

[32-1205, added 1998, ch. 292, sec. 9, p. 939.]
Idaho Code § 32-718 — Idaho Code / Title 32 / Chapter 7 / Section 32-718
32-718 VEXATIOUS OR HARASSING MODIFICATION PROCEEDINGS.
Status: in_force

32-718. Vexatious or harassing modification proceedings. Attorney fees and costs shall be assessed against a party seeking modification if the court finds that the modification proceeding is vexatious and constitutes harassment.

History:

[32-718, added 1980, ch. 378, sec. 10, p. 965.]
Idaho Code § 32-916 — Idaho Code / Title 32 / Chapter 9 / Section 32-916
32-916 PROPERTY RIGHTS GOVERNED BY CHAPTER.
Status: in_force

32-916. Property rights governed by chapter. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.

History:

[(32-916) 1866, p. 65, sec. 15; R.S., sec. 2508; reen. R.C. & C.L., sec. 2689; C.S., sec. 4670; I.C.A., sec. 31-917; am. 1980, ch. 299, sec. 1, p. 777; am. 1995, ch. 229, sec. 1, p. 780.]
Idaho Code § 32-402 — Idaho Code / Title 32 / Chapter 4 / Section 32-402
32-402 CERTIFICATE AND RETURN.
Status: in_force

32-402. Certificate and return. The form of certificate annexed to said license, and therein referred to, shall be as follows:

I,…., a…., residing at…., in the county of…., in the state of Idaho, do certify that, in accordance with the authority on me conferred by the above license, I did on this…. day of…., in the year…., at…., in the county of…., in the state of Idaho, solemnize the rights of matrimony between…., of…., in the county of…., of the state of…., and…., of…., of the county of…., of the state of…., in the presence of…. and…..

Witness my hand and seal at the county aforesaid, this…. day of….,…..

In the presence of…..

….

The license and certificate, duly executed by the minister or officer who shall have solemnized the marriage authorized, shall be returned by him to the office of the recorder who issued the same, within thirty (30) days from the date of solemnizing the marriage therein authorized; and a neglect to make such return shall be deemed a misdemeanor, and the person whose duty it shall be to make such return, who shall neglect to make such return within the time above specified, shall, upon conviction thereof, be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) to be assessed by any court having jurisdiction.

History:

[(32-402) 1895, p. 166, sec. 2; reen. 1899, p. 278, sec. 2; reen. R.C. & C.L., sec. 2630; C.S., sec. 4610; I.C.A., sec. 31-402; am. 2002, ch. 32, sec. 12, p. 51; am. 2012, ch. 20, sec. 17, p. 70.]
Idaho Code § 32-503 — Idaho Code / Title 32 / Chapter 5 / Section 32-503
32-503 LEGITIMACY OF CHILDREN.
Status: in_force

32-503. Legitimacy of children. When a marriage is annulled for any reason, other than for fraud in that the wife is pregnant with the child of a man other than the husband, children begotten before judgment are legitimate and succeed to the state of both parents. The court may at the time of granting the annulment or at any future time, make necessary orders for the support of said child or children as the circumstances and surroundings of the parents may require.

History:

[(32-503) R.S., sec. 2452; reen. R.C. & C.L., sec. 2642; C.S., sec. 4622; I.C.A., sec. 31-503; am. 1955, ch. 261, sec. 1, p. 629.]
Idaho Code § 32-802 — Idaho Code / Title 32 / Chapter 8 / Section 32-802
32-802 APPOINTMENT OF GUARDIAN — SERVICE OF PROCESS.
Status: in_force

32-802. Appointment of guardian — Service of process. The district courts of the several judicial districts of this state shall have jurisdiction of actions for divorce under the provisions of this chapter; and such action shall be brought in the county of this state in which the plaintiff resides. And the court in which such action is about to be commenced shall, upon the filing by the plaintiff of a petition, duly verified, showing that a cause of action exists under this chapter, appoint some person to act as guardian of such insane person in such action, and the summons and complaint in such action shall be served upon the defendant by delivering a copy of such summons and complaint to such guardian, and by delivering a copy thereof to the county attorney of the county in which such action is brought.

History:

[(32-802) 1895, p. 11, sec. 2; reen. 1899, p. 232, sec. 2; reen. R.C. & C.L., sec. 4625; C.S., sec. 7038; I.C.A., sec. 31-802.]
Idaho Code § 32-708 — Idaho Code / Title 32 / Chapter 7 / Section 32-708
32-708 WHAT PROPERTY LIABLE.
Status: in_force

32-708. What property liable. When implementing and construing sections 32-705 through 32-707, Idaho Code, the court must resort, first, to the community property, then to the separate property of either party.

History:

[(32-708) R.S., sec. 2476; reen. R.C. & C.L., sec. 2666; C.S., sec. 4646; I.C.A., sec. 31-708; am. 1980, ch. 378, sec. 7, p. 964.]
Idaho Code § 32-1213 — Idaho Code / Title 32 / Chapter 12 / Section 32-1213
32-1213 ORDER FOR PAYMENT OF MEDICAL EXPENSES.
Status: in_force

32-1213. Order for payment of medical expenses. (1) A proceeding to enforce a support order directing the payment of medical expenses of a dependent child may be commenced as provided in section 32-1206, Idaho Code.

(2) The petition or motion may be filed by an obligee when medical expenses not otherwise covered by insurance have been incurred in the amount of one hundred dollars ($100) or more, or when insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is claimed to be due from the obligor equal or exceed one hundred dollars ($100). The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the order, including:

(a) An itemization of the medical expenses, including a specific reference to any insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is sought from the obligor;

(b) Whether such expenses have been submitted to any applicable insurance carrier or other third party payer and the results of such submission;

(c) That the obligor, stating his or her name, residence and social security number has failed or refused to pay the medical expenses or to reimburse the obligee therefor;

(d) A description of the terms of the support order requiring payment of the medical expenses claimed to be due.

(3) Upon the filing of a petition or motion and affidavit containing the information required in subsection (2) of this section, the clerk of the court shall set a hearing thereon. The obligee shall serve a copy of the petition or motion, accompanying affidavit and notice of hearing on the obligor at least ten (10) days before the date set for hearing, by personal service or certified mail, pursuant to the Idaho rules of civil procedure.

(4) After hearing, the court shall enter its order directing payment of the specific sums, if any, for which the obligor is found to be liable for previously incurred medical expenses. In addition, if the court determines that some or all of the medical expenses of the dependent child are of an ongoing or recurring nature and the anticipated amounts thereof are capable of determination to the satisfaction of the court, the court may order payment to the obligee of a specific sum per month toward such expenses.

(5) For purposes of this section "medical expenses" means any and all costs and expenses related to the health care of a dependent child, including insurance premiums and any deductible amounts, all or a portion of which are ordered to be paid by the obligor in addition to any amount awarded as child support, pursuant to a support order.

History:

[(32-1213), added 1992, ch. 265, sec. 1, p. 820; am. & redesig. 1998, ch. 292, sec. 17, p. 945.]
Idaho Code § 32-1009 — Idaho Code / Title 32 / Chapter 10 / Section 32-1009
32-1009 PATERNITY FRAUD — CHILD SUPPORT RESTITUTION.
Status: in_force

32-1009. Paternity fraud — Child support restitution. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. The obligor shall file the motion to vacate the order within two (2) years of discovery of evidence that he is not the biological father of the child. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.

History:

[32-1009, added 2004, ch. 274, sec. 1, p. 764.]
Idaho Code § 32-713 — Idaho Code / Title 32 / Chapter 7 / Section 32-713
32-713 COMMUNITY PROPERTY AND HOMESTEAD — ORDER FOR DISPOSITION.
Status: in_force

32-713. Community property and homestead — Order for disposition. The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead as in this chapter provided, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds.

History:

[(32-713) 1874, p. 634, sec. 12; R.S., sec. 2481; reen. R.C. & C.L., sec. 2671; C.S., sec. 4651; I.C.A., sec. 31-713.]
Idaho Code § 32-604 — Idaho Code / Title 32 / Chapter 6 / Section 32-604
32-604 ADULTERY.
Status: in_force

32-604. Adultery. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife.

History:

[(32-604) R.S., sec. 2458; reen. R.C. & C.L., sec. 2648; C.S., sec. 4628; I.C.A., sec. 31-604.]
Idaho Code § 32-801 — Idaho Code / Title 32 / Chapter 8 / Section 32-801
32-801 INSANITY A GROUND FOR DIVORCE.
Status: in_force

32-801. Insanity a ground for divorce. A divorce may be granted for the cause of permanent insanity of the spouse: provided, that no divorce shall be granted under the provisions of this chapter unless such insane person shall have been duly and regularly confined in an insane asylum of this state, or of a sister state or territory, or foreign country for at least three (3) years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such insanity is permanent and incurable.

History:

[(32-801) 1895, p. 11, sec. 1; reen. 1899, p. 232, sec. 1; am. 1903, p. 232, sec. 1; am. R.C. & C.L., sec. 4624; C.S., sec. 7037; I.C.A., sec. 31-801; am. 1945, ch. 106, sec. 1, p. 158; am. 1949, ch. 68, sec. 1, p. 114; am. 1953, ch. 48, sec. 1, p. 65.]
Idaho Code § 32-1610 — Idaho Code / Title 32 / Chapter 16 / Section 32-1610
32-1610 HEARING TO CONTEST ASSET WITHHOLDING.
Status: in_force

32-1610. Hearing to contest asset withholding. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the department shall notify the financial institution that it must continue to hold the asset until an order is issued and the department provides instructions for the disposition of the asset pursuant to section 32-1612, Idaho Code.

(2) The department will hold an administrative hearing within thirty (30) days from the day the department receives the request for hearing.

History:

[32-1610, added 2004, ch. 213, sec. 2, p. 645.]
Idaho Code § 32-920 — Idaho Code / Title 32 / Chapter 9 / Section 32-920
32-920 MARRIAGE SETTLEMENTS — CAPACITY OF MINOR.
Status: in_force

32-920. Marriage settlements — Capacity of minor. A minor capable of contracting marriage may make a valid marriage settlement.

History:

[(32-920) 1866, p. 65, sec. 20; R.S., sec. 2512; reen. R.C. & C.L., sec. 2693; C.S., sec. 4674; I.C.A., sec. 31-921.]
Idaho Code § 32-11-303 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-303
32-11-303 DUTY TO ENFORCE.
Status: in_force

PART 3

ENFORCEMENT

32-11-303. Duty to enforce. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this part 3 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

History:

[32-11-303, added 2000, ch. 227, sec. 2, p. 634.]
Idaho Code § 32-11-112 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-112
32-11-112 COOPERATION BETWEEN COURTS — PRESERVATION OF RECORDS.
Status: in_force

PART 1

GENERAL PROVISIONS

32-11-112. Cooperation between courts — Preservation of records. (a) A court of this state may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

History:

[32-11-112, added 2000, ch. 227, sec. 2, p. 628.]
Idaho Code § 32-704 — Idaho Code / Title 32 / Chapter 7 / Section 32-704
32-704 ALLOWANCE OF SUPPORT MONEY, COURT COSTS AND ATTORNEY FEES — REPRESENTATION OF CHILD.
Status: in_force

32-704. Allowance of support money, court costs and attorney fees — Representation of child. 1. While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho Code, whichever be appropriate, order the payment of temporary maintenance of either spouse by the other or temporary support of a child of the marriage, in amounts and on terms just and proper under the circumstances.

2. The court may, in its discretion, on the motion of either party enter a decree of legal separation, providing for custody of children, division of property, payment of debts, payment of child support, and payment of spousal support as set forth in the statutes governing domestic relations.

3. The court may from time to time after considering the financial resources of both parties and the factors set forth in section 32-705, Idaho Code, order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this act and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

4. The court may appoint an attorney or guardian ad litem to represent the interests of a minor or dependent child with respect to his or her support, custody, and visitation, but only in those instances where the court deems legal representation or other assistance is necessary beyond any court ordered and court related services previously authorized for the particular case. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney or guardian ad litem. The order shall be made against either or both parents, except, if both parties are indigent, the costs, fees, and disbursements shall be borne by the county in which the action is pending.

History:

[(32-704) 1874, p. 639, sec. 7; R.S., sec. 2472; reen. R.C. & C.L., sec. 2662; C.S., sec. 4642; I.C.A., sec. 31-704; am. 1980, ch. 378, sec. 2, p. 962; am. 1994, ch. 352, sec. 1, p. 1112; am. 2024, ch. 233, sec. 1, p. 815.]
Idaho Code § 32-11-309 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-309
32-11-309 SERVICE OF PETITION AND ORDER.
Status: in_force

PART 3

ENFORCEMENT

32-11-309. Service of petition and order. Except as otherwise provided in section 32-11-311, Idaho Code, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

History:

[32-11-309, added 2000, ch. 227, sec. 2, p. 637.]
Idaho Code § 32-904 — Idaho Code / Title 32 / Chapter 9 / Section 32-904
32-904 SEPARATE PROPERTY OF WIFE — MANAGEMENT.
Status: in_force

32-904. Separate property of wife — Management. During the continuance of the marriage, the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal property, and may enter into any contract with reference to the same, in the same manner, and to the same extent, and with like effect, as a married man may in relation to his real and personal property: provided, that the husband shall be bound by such contracts to no greater extent or effect than his wife under similar circumstances would be bound by his contracts.

History:

[(32-904) 1903, p. 345, sec. 2; reen. R.C. & C.L., sec. 2677; C.S., sec. 4657; I.C.A., sec. 31-904.]
Idaho Code § 32-705 — Idaho Code / Title 32 / Chapter 7 / Section 32-705
32-705 MAINTENANCE.
Status: in_force

32-705. Maintenance. 1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:

(a) Lacks sufficient property to provide for his or her reasonable needs; and

(b) Is unable to support himself or herself through employment.

2. The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:

(a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse's ability to meet his or her needs independently;

(b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;

(c) The duration of the marriage;

(d) The age and the physical and emotional condition of the spouse seeking maintenance;

(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;

(f) The tax consequences to each spouse;

(g) The fault of either party.

History:

[32-705, added 1980, ch. 378, sec. 4, p. 963; am. 1990, ch. 336, sec. 1, p. 917.]
Idaho Code § 32-805 — Idaho Code / Title 32 / Chapter 8 / Section 32-805
32-805 COSTS AND EXPENSES TO BE PAID BY PLAINTIFF.
Status: in_force

32-805. Costs and expenses to be paid by plaintiff. All the costs of the court in such action, as well as the actual expenses of the county attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff; such expenses of the county attorney and expenses and fees of the guardian shall be fixed and allowed by the court, and the court or the judge thereof may make such order as to the payment of such fees and expenses as to said court or judge may seem proper.

History:

[(32-805) 1895, p. 11, sec. 5; reen. 1899, p. 232, sec. 5; reen. R.C. & C.L., sec. 4628; C.S., sec. 7041; I.C.A., sec. 31-805.]
Idaho Code § 32-804 — Idaho Code / Title 32 / Chapter 8 / Section 32-804
32-804 MAINTENANCE — DISTRIBUTION OF PROPERTY — CUSTODY OF CHILDREN.
Status: in_force

32-804. Maintenance — Distribution of property — Custody of children. In any action brought under the provisions of this chapter the said courts and the judges thereof shall possess all the powers relative to the payment of maintenance and support, the distribution of property and the care and custody of children of the parties, that such courts now have, or may hereafter have, in other actions for divorce.

History:

[(32-804) 1895, p. 11, sec. 4; reen. 1899, p. 232, sec. 4; reen. R.C. & C.L., sec. 4627; C.S., sec. 7040; I.C.A., sec. 31-804; am. 1980, ch. 378, sec. 11, p. 965.]
Idaho Code § 32-1206 — Idaho Code / Title 32 / Chapter 12 / Section 32-1206
32-1206 JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING.
Status: in_force

32-1206. Judicial proceedings for income withholding. (1) A proceeding to enforce a duty of support is commenced:

(a) By filing a petition or complaint for an original action; or

(b) By motion in an existing action or under an existing case number.

(2) Venue for the action is in the district court of the county where the dependent child resides or is present, where the obligor resides, or where the prior support order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child.

(3) A filing fee shall not be assessed in cases brought on behalf of the state of Idaho.

(4) A petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the income withholding order, pursuant to section 32-1204 or 32-1205, Idaho Code, and:

(a) The name, address, and social security number of the obligor;

(b) A copy of the support order;

(c) The name and address of the obligor's employer;

(d) The amount of any delinquency; and

(e) In cases not filed by the state, whether the obligee has received public assistance from any source on behalf of the minor child, and, if so, from which source(s).

(5) Upon receipt of a petition or motion, the court shall issue an income withholding order pursuant to section 32-1204 or 32-1205, Idaho Code, to the employer utilizing the required income withholding for support form and shall provide a form for an answer to the income withholding order which shall be returned to the court within ten (10) days. The court shall also order the employer to remit the amount withheld to the department of health and welfare within seven (7) business days after the date the amount would have been paid or credited to the obligor. The department shall supply each county with the required income withholding for support form and answers including:

(a) The maximum amount of current support, if any, to be withheld from the obligor's earnings each month, or from each earnings disbursement;

(b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any; and

(c) The amount of arrearage payments specified in the support order, if any.

(6) If the petition or motion indicates the obligee has received public assistance from any source on behalf of a minor child, the clerk shall immediately forward a copy of the petition or the motion to the department.

(7) The court retains continuing jurisdiction under this chapter until all duties of support of the obligor, including any delinquency, have been satisfied or until the order is otherwise unenforceable.

History:

[32-1206, added 1986, ch. 222, sec. 1, p. 596; am. 1993, ch. 335, sec. 3, p. 1247; am. 1993, ch. 335, sec. 10, p. 1258; am. 1998, ch. 292, sec. 10, p. 939; am. 2013, ch. 248, sec. 1, p. 598; am. 2025, ch. 201, sec. 3, p. 913.]
Idaho Code § 32-11-314 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-314
32-11-314 APPEALS.
Status: in_force

PART 3

ENFORCEMENT

32-11-314. Appeals. An appeal may be taken from a final order in a proceeding under this chapter. The court shall make every effort to expedite the appeal. Unless the court enters a temporary emergency order under section 32-11-204, Idaho Code, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

History:

[32-11-314, added 2000, ch. 227, sec. 2, p. 638.]
Idaho Code § 32-927 — Idaho Code / Title 32 / Chapter 9 / Section 32-927
32-927 LIMITATION OF ACTIONS.
Status: in_force

32-927. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled as to the premarital agreement during the marriage of the parties. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

History:

[32-927, added 1995, ch. 229, sec. 2, p. 782.]
Idaho Code § 32-11-315 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-315
32-11-315 ROLE OF COUNTY PROSECUTING ATTORNEY.
Status: in_force

PART 3

ENFORCEMENT

32-11-315. Role of county prosecuting attorney. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:

(1) An existing child custody determination;

(2) A request to do so from a court in a pending child custody proceeding;

(3) A reasonable belief that a criminal statute has been violated; or

(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction.

(b) The county prosecuting attorney acting under this section acts on behalf of the court and may not represent any party.

History:

[32-11-315, added 2000, ch. 227, sec. 2, p. 639.]
Idaho Code § 32-1006 — Idaho Code / Title 32 / Chapter 10 / Section 32-1006
32-1006 LEGITIMATION OF ISSUE BY MARRIAGE.
Status: in_force

32-1006. Legitimation of issue by marriage. A child born before wedlock becomes legitimate by the subsequent marriage of its parents.

History:

[(32-1006) 1876, p. 24, sec. 21; R.S., sec. 2535; reen. R.C. & C.L., sec. 2699; C.S., sec. 4680; I.C.A., sec. 31-1006.]
Idaho Code § 32-612 — Idaho Code / Title 32 / Chapter 6 / Section 32-612
32-612 COLLUSION.
Status: in_force

32-612. Collusion. Collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of divorce for the purpose of enabling the other to obtain a divorce, and is a bar to an action for such acts.

History:

[(32-612) R.S., sec. 2465; reen. R.C. & C.L., sec. 2655; C.S., sec. 4635; I.C.A., sec. 31-611.]
Idaho Code § 32-703 — Idaho Code / Title 32 / Chapter 7 / Section 32-703
32-703 DEFAULT AND UNCORROBORATED STATEMENTS.
Status: in_force

32-703. Default and uncorroborated statements. A divorce may be granted upon the default of the defendant, upon the uncorroborated statement, admission or testimony of the plaintiff.

History:

[(32-703) 1874, p. 639, sec. 8; R.S., sec. 2471; reen. R.C. & C.L., sec. 2661; C.S., sec. 4641; I.C.A., sec. 31-703; am. 1943, ch. 132, sec. 1, p. 269; am. 1983, ch. 30, sec. 1, p. 80.]
Idaho Code § 32-928 — Idaho Code / Title 32 / Chapter 9 / Section 32-928
32-928 APPLICATION AND CONSTRUCTION.
Status: in_force

32-928. Application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

History:

[32-928, added 1995, ch. 229, sec. 2, p. 782.]
Idaho Code § 32-717E — Idaho Code / Title 32 / Chapter 7 / Section 32-717E
32-717E SUPERVISED ACCESS PROVIDERS — RECORD CHECKS.
Status: in_force

32-717E. Supervised access providers — Record checks. In cases in which a court has ordered that contact between a person and one (1) or more children shall take place only in the presence of an approved provider, or where the court has ordered supervised exchanges or transfers of one (1) or more children, the court may appoint an individual or entity as a supervised access provider to provide such supervised access or to facilitate such exchanges or transfers. The qualifications and duties of supervised access providers shall be as specified in rules adopted by the supreme court. A supervised access provider who is paid for providing supervised access services shall, prior to acting in such capacity and at his or her own cost, submit to a fingerprint-based criminal history check through any law enforcement office in the state providing such service. The criminal history check shall include a statewide criminal identification bureau check, federal bureau of investigation criminal history check, child abuse registry check, adult protection registry check and statewide sex offender registry check. A record of all background checks shall be maintained in the office of the supreme court of the state of Idaho.

History:

[32-717E, added 2007, ch. 106, sec. 1, p. 310.]
Idaho Code § 32-1011 — Idaho Code / Title 32 / Chapter 10 / Section 32-1011
32-1011 PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN.
Status: in_force

32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.

History:

[32-1011, added 2015, ch. 219, sec. 2, p. 681.]
Idaho Code § 32-11-311 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-311
32-11-311 WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
Status: in_force

PART 3

ENFORCEMENT

32-11-311. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 32-11-308(b), Idaho Code.

(c) A warrant to take physical custody of a child must:

(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) Direct law enforcement officers to take physical custody of the child immediately; and

(3) Provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.

History:

[32-11-311, added 2000, ch. 227, sec. 2, p. 638.]
Idaho Code § 32-401 — Idaho Code / Title 32 / Chapter 4 / Section 32-401
32-401 MARRIAGE LICENSE — CONTENTS.
Status: in_force

32-401. Marriage license — Contents. The county recorder of any county in this state shall have authority to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which licenses shall be substantially in the following form:

Know all men by this certificate that any regularly ordained minister of the gospel, authorized by the rites and usages of the church or denomination or religious body of which he may be a member, or any judge or competent officer to whom this may come, he not knowing of any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between…., of…. of the county of…., and the state of…., and…., of…. of the county of…., state of…., and to certify the same to said parties, or either of them, under his hand and seal, in his ministerial or official capacity, and thereupon he is required to return his certificate in form following as hereto annexed.

In testimony whereof I have hereunto set my hand and affixed the seal of said county, at…., this…. day of….,…..

History:

[(32-401) 1895, p. 166, sec. 1; reen. 1899, p. 278, sec. 1; am. R.C. & C.L., sec. 2629; C.S., sec. 4609; I.C.A., sec. 31-401; am. 2002, ch. 32, sec. 11, p. 50; am. 2012, ch. 20, sec. 16, p. 69.]
Idaho Code § 32-924 — Idaho Code / Title 32 / Chapter 9 / Section 32-924
32-924 EFFECT OF MARRIAGE — AMENDMENT — REVOCATION.
Status: in_force

32-924. Effect of marriage — Amendment — Revocation. A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

History:

[32-924, added 1995, ch. 229, sec. 2, p. 781.]
Idaho Code § 32-1215 — Idaho Code / Title 32 / Chapter 12 / Section 32-1215
32-1215 TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR'S REQUEST.
Status: in_force

32-1215. Termination of income withholding upon obligor's request. (1) An obligor whose income is subject to withholding under this chapter may request a hearing to quash, modify, or terminate the withholding, by filing a motion requesting such relief before the court which issued the income withholding order. A copy of the motion and a notice of hearing shall be served upon the obligee in the time and in the manner provided by the Idaho rules of civil procedure.

(2) In a hearing to quash, modify, or terminate the income withholding order, the court may grant relief only upon a showing by the obligor that there is a substantial probability that the obligor would suffer irreparable injury and that the obligee would not suffer irreparable injury. Satisfaction by the obligor of any delinquency subsequent to the issuance of the income withholding order is not grounds to quash, modify, or terminate the income withholding order.

(3) If an income withholding order has been in operation for twelve (12) consecutive months and the obligor's support obligation is current, the court may terminate the order upon motion of the obligor, unless the obligee can show good cause as to why the income withholding order should remain in effect.

(4) No order to quash, modify, or terminate an income withholding order shall be issued unless the obligor provides proof to the court that the obligee has been served with a copy of the motion and notice for hearing in the time and in the manner provided by the Idaho rules of civil procedure, or that service is impossible because the obligee has moved and failed to provide the court with a current address, as required by section 32-1212, Idaho Code.

History:

[32-1215, added 1998, ch. 292, sec. 19, p. 948; am. 2007, ch. 2, sec. 1, p. 3; am. 2011, ch. 33, sec. 1, p. 76.]
Idaho Code § 32-411 — Idaho Code / Title 32 / Chapter 4 / Section 32-411
32-411 DISPOSITION OF PENALTIES.
Status: in_force

32-411. Disposition of penalties. All fines and penalties accruing under the provisions of this chapter shall be paid into the county treasury for the use of the common schools in the county where the offense was committed.

History:

[(32-411) 1895, p. 166, sec. 11; reen. 1899, p. 278, sec. 11; reen. R.C. & C.L., sec. 2639; C.S., sec. 4619; I.C.A., sec. 31-411.]
Idaho Code § 32-717B — Idaho Code / Title 32 / Chapter 7 / Section 32-717B
32-717B JOINT CUSTODY.
Status: in_force

32-717B. Joint custody. (1) "Joint custody" means an order awarding custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with both parents. 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.

(2) "Joint physical custody" means an order awarding each of the parents significant periods of time in which a child resides with or is under the care and supervision of each of the parents or parties.

Joint physical custody shall be shared by the parents in such a way to assure the child a frequent and continuing contact with both parents but does not necessarily mean the child's time with each parent should be exactly the same in length nor does it necessarily mean the child should be alternating back and forth over certain periods of time between each parent.

The actual amount of time with each parent shall be determined by the court.

(3) "Joint legal custody" means a judicial determination that the parents or parties are required to share the decision-making rights, responsibilities and authority relating to the health, education and general welfare of a child or children.

(4) Except as provided in subsection (5), of this section, absent a preponderance of the evidence to the contrary, there shall be a presumption that joint custody is in the best interests of a minor child or children.

(5) There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the parents is found by the court to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho Code.

History:

[32-717B, added 1982, ch. 311, sec. 3, p. 776; am. 1994, ch. 340, sec. 2, p. 1076.]
Idaho Code § 32-405 — Idaho Code / Title 32 / Chapter 4 / Section 32-405
32-405 MINISTER OR OFFICER MAY SOLEMNIZE MARRIAGE.
Status: in_force

32-405. Minister or officer may solemnize marriage. Any authorized minister or officer to whom any such license, duly issued, may come, not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between them.

History:

[(32-405) 1895, p. 166, sec. 5; reen. 1899, p. 278, sec. 5; reen. R.C. & C.L., sec. 2633; C.S., sec. 4613; I.C.A., sec. 31-405.]
Idaho Code § 32-603 — Idaho Code / Title 32 / Chapter 6 / Section 32-603
32-603 CAUSES FOR DIVORCE.
Status: in_force

32-603. Causes for divorce. Divorces may be granted for any of the following causes:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion.

4. Wilful neglect.

5. Habitual intemperance.

6. Conviction of felony.

7. When either the husband or wife has become permanently insane, as provided in sections 32-801 to 32-805, inclusive.

8. Irreconcilable differences.

History:

[(32-603) 1863, p. 616, sec. 22; R.S., sec. 2457; am. 1899, p. 232, sec. 1; 1903, p. 332, sec. 1; compiled and reen. R.C. & C.L., sec. 2647; C.S., sec. 4627; I.C.A., sec. 31-603; am. 1971, ch. 20, sec. 1, p. 33.]
Idaho Code § 32-906 — Idaho Code / Title 32 / Chapter 9 / Section 32-906
32-906 COMMUNITY PROPERTY — INCOME FROM SEPARATE AND COMMUNITY PROPERTY — CONVEYANCE BETWEEN SPOUSES.
Status: in_force

32-906. Community property — Income from separate and community property — Conveyance between spouses. (1) All other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues and profits, of all property, separate or community, is community property unless the conveyance by which it is acquired provides or both spouses, by written agreement specifically so providing, declare that all or specifically designated property and the income, including the rents, issues and profits, from all or the specifically designated property shall be the separate property of one of the spouses or the income, including the rents, issues and profits, from all or specifically designated separate property be the separate property of the spouse to whom the property belongs. Such property shall be subject to the management of the spouse owning the property and shall not be liable for the debts of the other member of the community.

(2) Property conveyed by one spouse to the other shall be presumed to be the sole and separate estate of the grantee and only the grantor spouse need execute and acknowledge the deed or other instrument of conveyance notwithstanding the provisions of section 32-912, Idaho Code; provided, however, that the income, including the rents, issues and profits, from such property shall not be the separate property of the grantee spouse unless this fact is specifically stated in the instrument of conveyance.

History:

[32-906, added 1980, ch. 300, sec. 2, p. 777; am. 2003, ch. 139, sec. 2, p. 407.]
Idaho Code § 32-615 — Idaho Code / Title 32 / Chapter 6 / Section 32-615
32-615 LIMITATIONS.
Status: in_force

32-615. Limitations. A divorce must be denied:

1. When the cause is adultery and the action is not commenced within two (2) years after the commission of the act of adultery, or after its discovery by the injured party.

2. When the cause is conviction of felony, and the action is not commenced before the expiration of one (1) year after a pardon or the termination of the period of sentence.

3. In all other cases when there is an unreasonable lapse of time before the commencement of the action.

History:

[(32-615) R.S., sec. 2468; reen. R.C. & C.L., sec. 2658; C.S., sec. 4638; I.C.A., sec. 31-614.]
Idaho Code § 32-11-308 — Idaho Code / Title 32 / Chapter 11 / Section 32-11-308
32-11-308 EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION.
Status: in_force

PART 3

ENFORCEMENT

32-11-308. Expedited enforcement of child custody determination. (a) A petition under part 3 of this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child custody determination must state:

(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding;

(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) The present physical address of the child and the respondent, if known;

(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(6) If the child custody determination has been registered and confirmed under section 32-11-305, Idaho Code, the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 32-11-312, Idaho Code, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) The child custody determination has not been registered and confirmed under section 32-11-305, Idaho Code, and that:

(A) The issuing court did not have jurisdiction under part 2 of this chapter;

(B) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under part 2 of this chapter;

(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 32-11-108, Idaho Code, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child custody determination for which enforcement is sought was registered and confirmed under section 32-11-305, Idaho Code, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 2 of this chapter.

History:

[32-11-308, added 2000, ch. 227, sec. 2, p. 636.]
Idaho Code § 32-409 — Idaho Code / Title 32 / Chapter 4 / Section 32-409
32-409 MARRIAGE BOOKS AS EVIDENCE.
Status: in_force

32-409. Marriage books as evidence. The books of marriages and copies of entries therein, certified by the recorder under his official seal, shall be evidence in all courts.

History:

[(32-409) 1866, p. 71, sec. 10; 1895, p. 166, sec. 9; reen. 1899, p. 278, sec. 9; reen. R.C. & C.L., sec. 2637; C.S., sec. 4617; I.C.A., sec. 31-409.]