Idaho State Statutes - Idaho Attorney Directory

(1) When a
husband and wife live in a state of separation, without being divorced, any
court of competent jurisdiction, upon application of either, if an inhabitant
of this state, may inquire into the custody of any unmarried minor child of
the marriage, and may award the custody of such child to either, for such time
and under such regulations as the case may require. The decision of the court
must be guided by the welfare of the child.
(2) 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 affect 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.
(3) Nothing in this chapter shall be construed to allow discrimination on
the basis of disability. If a parent has a disability as defined in this
chapter 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. 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. 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 affect, if any, the court finds the disability has on the
best interests of the child.

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