Grandparent's Custody Rights in Idaho

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 

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