Moving Away With a Child in Idaho: Relocation Notice, Distance Rules and Burden of Proof

By the FigureMyTax Editorial Team · How we calculate

We found no relocation notice statute in the Idaho custody sections. A move that changes a custody order is decided on the child’s best interests, and deployment orders are temporary.

Does Idaho have a relocation law?

We found none in the custody sections we read. Idaho Code 32-717 and 32-717B set no notice period, distance trigger, presumption or burden of proof for a parent who wants to move with a child.

How is a move handled then in Idaho?

As a question about custody and the best interests of the child. The court may give direction on custody before and after judgment as is necessary or proper in the children’s best interests, considering factors such as the child’s adjustment to home, school and community, continuity and stability, and the character and circumstances of all individuals involved (Idaho Code 32-717(1)).

What about a parent in the military in Idaho?

If a custody modification is filed while the Servicemembers Civil Relief Act may apply and the servicemember is deployed, the court may enter only a temporary order for the deployment, which expires 60 days after notice to the court of the servicemember’s completion of deployment; the court may hold an expedited hearing and must give the deploying parent reasonable contact (32-720). Active national guard duty or federal reserve service is not a substantial or material and permanent change in circumstance that reduces previously decreed custody and visitation (32-717(6)).

What about support and the schedule after a move in Idaho?

A longer distance can change the schedule and the overnights. Recount with the Idaho parenting time calculator and run the Idaho child support calculator. Support terms can be modified only for installments after the motion and only on a substantial and material change of circumstances (32-709(1)).

Which court decides in Idaho?

The court that has jurisdiction over the child’s custody; ask a licensed Idaho attorney about the child’s home state before moving, because a move to another state can change which court decides later disputes.

Does a grandparent’s standing matter in a move in Idaho?

Where the child is actually residing with a grandparent in a stable relationship, the court may give the grandparent the same standing as a parent in deciding the child’s best-interest custody arrangements (32-717(3)), which can matter if a parent’s move would end that household.

Do records and abuse reports follow a move in Idaho?

A noncustodial parent cannot be denied access to the child’s school and medical records (32-717A), and any allegation of child abuse in a custody proceeding requires an investigation by the department of health and welfare before a final custody award (32-717C), so a move does not end either right or duty.

What should you do before moving in Idaho?

Read your custody order or parenting plan, which may restrict moving or require notice. If the move would change the schedule, ask the court for a modified order or get a written agreement first, and ask a licensed Idaho attorney.

Frequently asked questions

Official sources

• Idaho Code 32-717: custody of children; best interest
• Idaho Code 32-717B: joint custody
• Idaho Code 32-717A: parents’ access to records and information
• Idaho Rules of Family Law Procedure 120: child support guidelines
• Idaho Form 7: shared, split or mixed custody worksheet
• Idaho Code 32-720: custody modification petitions; servicemembers
• Idaho Code 32-709: modification of maintenance and support

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.