How does a parent file a petition for custody in Idaho?

When a parent in Idaho is looking to obtain custody of their child, there are a number of steps they must take to successfully do this. However, before a parent even begins to start the process, the Idaho Court Assistance Office recommends that they speak with an Idaho child custody lawyer for the following reasons:

They will not receive legal advice from the court.
The laws and court rules are complex.
When a parent follows the required steps to obtain custody, the Idaho Court Assistance Office says that “will not guarantee that [their] rights are protected or that [they] will be satisfied with the result.”
When a parent enters a case without a lawyer, they “are held to the same standard as an attorney.” This means they will be expected to know and understand the law and how it applies to their case. In addition, they will be expected to understand what their parental rights are.

Now, whether a parent decides to retain a custody lawyer to help them obtain custody or not, they will need to follow these steps:

Gather and complete the required forms to initiate their case.

There are several forms a parent will need to fill out and submit to start their case. Some of these forms include:

Petition for Paternity, Custody, Visitation and Child Support
Summons
Affidavit of Service
Affidavit Verifying Income
Shared/Split Custody Child Support Worksheet, or
Standard Custody Child Support Worksheet
Parenting Plan Agreement
Family Law Case Information Sheet

Make copies of the parenting plan.

One copy should be attached to the petition and the original should be included with the Court’s Decree, according to the Idaho Court Assistance Office.

Make copies of all the paperwork and file it with the Clerk of Court.

Once the petition has been signed, two copies should be made of the Summons and the petition and one copy of all the other documents. The parent will then need to submit some of the original forms to the Clerk’s Office.

Serve the other parent with the Summons, Petition, and Order to Attend Parenting Workshop on the other parent.

After a parent has formally served the other parent with the forms mentioned above, they will need to wait 21 days to see if the other parent responds. If the other parent neglects to do so, the court may award custody to the parent who is seeking it. Depending on how the other parent responds, the case may need to go to court.

There are additional steps that may need to be taken, all of which can be discussed with an Idaho child custody attorney.

Hiring an Idaho Child Custody Lawyer to Help File a Petition for Custody

The process associated with filing a custody petition can be confusing to anyone who has never had to go through it. If a parent would like to ensure they follow the appropriate steps to obtain custody, they should contact an Idaho child custody attorney for help. USAttorneys.com can help a parent in Boise, Meridian, Nampa, or any other city in the State of Idaho find a lawyer who will walk them through the custody processand be there to protect their rights.