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ID H0824
Bill
Status
3/4/2026
Primary Sponsor
Ways and Means Committee
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AI Summary
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Establishes a presumption that substantially equal parenting time (each parent having at least 45% custody) is in the child's best interest, which can only be overcome by clear and convincing evidence of real harm or substantiated potential harm to the child
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Requires courts to hold evidentiary hearings before restricting, suspending, or diminishing parental rights, with written findings issued within 14 calendar days identifying the statutory basis, evidence relied upon, and why less restrictive alternatives were insufficient
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Limits temporary custody orders to 49 calendar days and ex parte orders to 14 calendar days, after which they expire unless supported by clear and convincing evidence at a full hearing
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Mandates restoration of lost parenting time when abuse allegations are found unsubstantiated, including compensatory time equal to time denied, and requires courts to refer apparent custody interference violations to prosecutors
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Applies to custody orders entered or modified on or after January 1, 2027, and establishes new definitions for custody terms including "substantially equal parenting time," "restoration plan," and "parental fitness"
Legislative Description
Amends, repeals, and adds to existing law to revise provisions regarding Idaho child custody laws.
CHILD CUSTODY
Last Action
Reported Printed and Referred to Judiciary, Rules & Administration
3/5/2026