Grandparent's Custody Rights in Idaho

9/13/2012

A grandparent under certain circumstances can apply to the court for custody of the grandchildren. The grandparents do not need to apply for guardianship or have the natural parents sign a parental power of attorney form. There are other methods for Grandparents to have legal status with their grandchildren such as Guardianship, De Facto Custodianship or a Parental Power of Attorney. Each method has different requirements and advantages versus disadvantages. You can read an informational packet created through a AARP grant here. Please be aware that Grandparent's rights changes dramatically and quickly, please check with legal counsel.

Idaho Code Sec 32-717 (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."
http://www.legislature.idaho.gov/idstat/Title32/T32CH7SECT32-717.htm

See Also Hernandez v. Hernandez, 265 P.3d 495 (Idaho 2011)
and Troxel v. Granville, 530 U.S. 57 (2000) (A parent has a fundamental right under the Due Process Clause of the Fourteenth Amendment "to make decisions concerning the care, custody and control of their children.")

Guardianship
http://www.legislature.idaho.gov/idstat/Title15/T15CH5PT2.htm

Parental Power of Attorney
http://www.legislature.idaho.gov/idstat/Title15/T15CH5SECT15-5-104.htm

2 Comments

Shawn

3/13/2018 12:59:36 pm

My daughter moved in here and her married her married boyfriend in a camp trailer that we bought we tried to help him out back in September of last year we had to grandkids living here in the house with us and my wife and our son their three granddaughters my daughter tried to run out on her bond by not paying her child support and almost lost my house so we had to blow up as you can understand since then she cut me off from see you and seeing our grandkids and the same with their dad I want to know what rights I do have to be able to see my grandkids my parents will rights were tooken away from me on my daughter when she was 16 months old but I've had contact with my daughter over the last 30 years I've had contact with my granddaughters and several occasions except for here recently from the end of 2017 and the beginning of 2018 until like I said my daughter tried to run on her bond for not paying her child support so me and her got into it have problems I have text messages saying that I cannot see the girls I have text messages I've sent to the ex-husband to see if we could see the girls too they will not let us her ex-husband remains to be on my Facebook page and in my phone continue routinely off and on asked me if we can see our granddaughters I don't know if I have the legal right to him because my parents are rights were tooken away from me when my daughter was 16 months old that my sister mentioned to me that where I've had him in my life and they were a witness of seeing them here staying with us at Christmas time I used to have photos of it all on my phone but I lost some of my files I do still have some photos in my phone where I went to the school to see her singing and stuff and some pictures of them here at our house at the time they staying here could you please contact me 20867 0 3771 thank you very much.

Jessica L. Smith

4/6/2021 05:11:16 am

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Selim Star

Selim Star is an attorney in Ketchum, Hailey, Sun Valley Idaho area he can be found on google+ and LinkedIn. .219 South River Street, Unit 202
Hailey, Idaho 83333
208.788.9232
208.788.9376 (FAX)
EMAIL Star Law Office

PLEASE HIRE LEGAL COUNSEL: Limitations, conditions, and disclaimers: the information contained herein is general information only and that no client-lawyer relationship is created through the posting of this information, your information will NOT be kept confidential as it was posted for all people to see. Additionally no legal advice is being given, as all factual situations are different and only through the careful review of your factual circumstances with an attorney can the correct course of action be determined.

PLEASE CHECK IF LAW IS CURRENT: The law changes quickly please do your research and contact an attorney to ensure that you have the current law. The law as printed here may have changed since posting and the links may have changed.

Grandparent's Custody Rights in Idaho

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