Idaho State Statutes - Idaho Attorney Directory

(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.

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