Title 32, DOMESTIC RELATIONS

32-916. Property rights governed by chapter. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.

32-917. Formalities required of marriage settlements. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.

32-918. Marriage settlements — Record. (1) When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. (2) (a) A summary of the contract may…

32-919. Marriage settlements — Effect of record. The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.

32-920. Marriage settlements — Capacity of minor. A minor capable of contracting marriage may make a valid marriage settlement.

32-921. Definitions. As used in this act: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, …

32-922. Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. The premarital agreement shall be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.

32-923. Content. (1) Parties to a premarital agreement may contract with respect to: (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) The right to buy, sell, use, transfer, exchan…

32-924. Effect of marriage — Amendment — Revocation. A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable …

32-925. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party did not execute the agreement voluntarily; or (b) The agreement was unconscionable when it was executed and, before execution of the agre…

32-926. Enforcement — Void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

32-927. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled as to the premarital agreement during the marriage of the parties. However, equitable defenses limiting the time for enforcement, …

32-928. Application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

32-929. Short title. This act may be cited as the "Uniform Premarital Agreement Act."

32-1001. Allowance to parent for support of child. The proper court may direct an allowance to be made to the parent of a child, out of its property for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit.

32-1003. Liability of parent for child’s necessaries. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from …

32-1004. Wages of minors. The wages of a minor employed in service may be paid to him, unless, within thirty (30) days after the commencement of the service the parent or guardian entitled thereto gives the employer notice that he claims such wages.

32-1005. Custody of children after separation of parents. (1) When a husband and wife live in a state of separation, without being divorced, any court of competent jurisdiction, upon application of either, if an inhabitant of this state, may inquire into the custody of any unmarr…

32-1006. Legitimation of issue by marriage. A child born before wedlock becomes legitimate by the subsequent marriage of its parents.

32-1007. Rights of parents over children. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, …

32-1009. Paternity fraud — Child support restitution. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who i…

32-1010. Idaho PARENTAL RIGHTS act. (1) This section through section 32-1015, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act." (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept …

32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.

32-1012. PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right and duty to make decisions concerning their education, including the right to cause the child to be educated in any manner authori…

32-1013. INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED. (1) Neither the state of Idaho, nor any political subdivision thereof, may violate a parent’s fundamental and established rights protected by this act, and any restriction of or interference with such rights shall…

32-1014. emergency order not justification to interfere with parental rights. At no time shall the existence of any order, proclamation, or declaration issued pursuant to chapter 6 or 10, title 46, Idaho Code, be considered essential to further a compelling governmental interest …

32-1015. parental rights in medical decision-making. (1) As used in this section: (a) "Governmental entity" means the state and its political subdivisions. (b) "Health care provider" means: (i) A physician, health care practitioner, or other individual licensed, accredited, or ce…

32-1016. Pediatric secretive transitions parental rights act. (1) This section shall be known and may be cited as the "Pediatric Secretive Transitions Parental Rights Act." (2) The legislature finds that: (a) Parents have a fundamental right to raise their children and make medic…

32-11-101. Short title. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

32-11-102. Definitions. In this chapter: (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has not attained eighteen (18) years of age. (c) "Child custody determination" means a judgment, decree, or …

32-11-103. Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

32-11-104. Application to Indian tribes. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian child welfare act.

32-11-105. International application of chapter. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter. (b) Except as otherwise provided in subsection (c) of this section, a chi…

32-11-106. Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 32-11-108…

32-11-107. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

32-11-108. Notice to persons outside state. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice…

32-11-109. Appearance and limited immunity. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state fo…

32-11-110. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate…

32-11-111. Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or othe…

32-11-112. Cooperation between courts — Preservation of records. (a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that a…

32-11-201. Initial child custody jurisdiction. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commen…

32-11-202. Exclusive, continuing jurisdiction. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state which has made a child custody determination consistent with section 32-11-201 or 32-11-203, Idaho Code, has exclusive, continuing jurisdiction …

32-11-203. Jurisdiction to modify determination. Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial det…

32-11-204. Temporary emergency jurisdiction. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of …

32-11-205. Notice — Opportunity to be heard — Joinder. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 32-11-108, Idaho Code, must be given to all persons entitled to notice und…

32-11-206. Simultaneous proceedings. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not exercise its jurisdiction under part 2 of this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody …

32-11-207. Inconvenient forum. (a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court…

32-11-208. Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in section 32-11-204, Idaho Code, or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in…

32-11-209. Information to be submitted to court. (a) In a child custody proceeding each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the…

32-11-210. Appearance of parties and child. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and …