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ID S1395
Bill
Status
3/16/2026
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Establishes a presumption of substantially equal parenting time (at least 45% for each parent) and joint legal custody in child custody disputes, rebuttable only by clear and convincing evidence
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Requires courts to mandate alternative dispute resolution, such as mediation or judicial settlement conferences, before contested custody cases proceed to trial
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Creates a presumption against equal custody when a parent is found to be a habitual perpetrator of domestic violence
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Adds new Section 32-721 defining key custody terms including "substantially equal parenting time," "custodial parent," "parental fitness," and various custody arrangements
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Clarifies that grandparents residing with children may present evidence regarding best interests but cannot diminish or supplant fundamental parental rights; effective January 1, 2027
Legislative Description
Amends and adds to revise provisions regarding Idaho child custody laws.
CHILD CUSTODY
Last Action
Introduced; read first time; referred to JR for Printing
3/16/2026