Idaho State Statutes - Idaho Attorney Directory

(1) In an action for
divorce the court may, before and after judgment, give such direction for the
custody, care and education of the children of the marriage as may seem
necessary or proper in the best interests of the children. The court shall
consider all relevant factors which may include:
(a) The wishes of the child's parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her
parent or parents, and his or her siblings;
(d) The child's adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the
child; and
(g) Domestic violence as defined in section 39-6303, Idaho Code, whether
or not in the presence of the child.
(2) If the parent has a disability as defined in this section, the parent
shall have the right to provide evidence and information regarding the manner
in which the use of adaptive equipment or supportive services will enable the
parent to carry out the responsibilities of parenting the child. The court
shall advise the parent of such right. Evaluations of parental fitness shall
take into account the use of adaptive equipment and supportive services for
parents with disabilities and shall be conducted by, or with the assistance
of, a person who has expertise concerning such equipment and services. Nothing
in this section shall be construed to create any new or additional obligations
on state or local governments to purchase or provide adaptive equipment or
supportive services for parents with disabilities.
(3) In any case where the child is actually residing with a grandparent
in a stable relationship, the court may recognize the grandparent as having
the same standing as a parent for evaluating what custody arrangements are in
the best interests of the child.
(4) As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item that is
used to increase, maintain or improve the parenting capabilities of a
parent with a disability.
(b) "Disability" means, with respect to an individual, any mental or
physical impairment which substantially limits one (1) or more major life
activities of the individual including, but not limited to, self-care,
manual tasks, walking, seeing, hearing, speaking, learning or working, or
a record of such an impairment, or being regarded as having such an
impairment. Disability shall not include transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
substance use disorders, compulsive gambling, kleptomania or pyromania.
Sexual preference or orientation is not considered an impairment or
disability. Whether an impairment substantially limits a major life
activity shall be determined without consideration of the effect of
corrective or mitigating measures used to reduce the effects of the
impairment.
(c) "Supportive services" means services which assist a parent with a
disability to compensate for those aspects of their disability which
affect their ability to care for their child and which will enable them to
discharge their parental responsibilities. The term includes specialized
or adapted training, evaluations, or assistance with effective use of
adaptive equipment, and accommodations which allow a parent with a
disability to benefit from other services, such as braille texts or sign
language interpreters.
(5) Nothing in this chapter shall be construed to allow discrimination on
the basis of disability. In any case where the disability of a parent is found
by the court to be relevant to an award of custody of a child, the court shall
make specific findings concerning the disability and what effect, if any, the
court finds the disability has on the best interests of the child.
(6) With reference to this section, when an active member of the Idaho
national guard has been ordered or called to duty as defined in section
46-409, Idaho Code, such military service thereunder shall not be a
substantial or material and permanent change in circumstance to modify by
reducing the member's previously decreed child custody and visitation
privileges.

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