Idaho § 32-1703
Full text of Idaho Idaho Statutes § 32-1703, with citation guidance and answers to common questions.
§ 32-1703.
dE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who:
(a) Is related to a child within the third degree of consanguinity; and
(b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
(i) Six (6) months or more if the child is under three (3) years of age; or
(ii) One (1) year or more if the child is three (3) years of age or older.
(c) For purposes of the definition in this section, "lack of demonstrated consistent participation" by a parent means refusal or failure to comply with the duties imposed upon the parent by the parent-child relationship. When determining a "lack of demonstrated consistent participation," the court may consider parent involvement in providing the child necessary food, clothing, shelter, health care and education and in creating a nurturing and consistent relationship for the child’s physical, mental or emotional health and development.
(2) In determining if a petitioner or intervenor is a de facto custodian for the child, the court shall also take into consideration whether the child is currently residing with the petitioner or intervenor and, if not, the length of time since the child resided with the petitioner or intervenor.
(3) Any period of time after the filing of a petition pursuant to this chapter shall not be included in determining whether the child has resided with the individual for the time period as provided in subsection (1) of this section.
(4) An individual shall not be deemed a de facto custodian if a child has resided with the individual because:
(a) The child was placed in the individual’s care through a court order or voluntary placement agreement under title 16 , Idaho Code; or
(b) The individual is or was cohabiting with, or is or was married to, a parent of the child.
[32-1703, added 2010, ch. 236, sec. 1, p. 609.]
Frequently Asked Questions About Idaho § 32-1703
What does Idaho Statutes § 32-1703 cover?
Section 32-1703 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 32-1703?
A common citation format is "Idaho Statutes § 32-1703" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 32-1703 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.