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ID S1395

Bill

Status

Introduced

3/16/2026

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • 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

  • Requires courts to mandate alternative dispute resolution, such as mediation or judicial settlement conferences, before contested custody cases proceed to trial

  • Creates a presumption against equal custody when a parent is found to be a habitual perpetrator of domestic violence

  • Adds new Section 32-721 defining key custody terms including "substantially equal parenting time," "custodial parent," "parental fitness," and various custody arrangements

  • 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

Committee Referrals

Judiciary and Rules3/16/2026

Full Bill Text

No bill text available