Idaho Child Custody Laws Considered for Another Revision

Idaho’s child custody laws may be going through an overhaul in the latter half of 2025.

The Child Custody and Domestic Relations Task Force of the state’s legislature has met twice this year to discuss reports of parents losing full custody of their children to co-parents with serious criminal records and some who have been stuck in the system for years, spending lots of money. This can put the children in a bad place if they are exposed to criminal elements and/or the parents who are supposed to have custody of them are instead in prison.

Idaho Senate Bill 1329 requires parental consent before a “health care service” is provided to minors under 18 in most circumstances. However, the law hinders medical providers from providing medical treatment to parents who have abused them. A parent accused of sexual abuse may prohibit a forensic screening from being performed, which would potentially reveal the abuse. Proponents of the bill contend that a forensic exam is not a “treatment” and would not fall under the parental consent requirements in the bill.

The Task Force is also reviewing a law passed earlier this year that removed the right to a public defender for parents facing termination of parental rights. Idaho is among the four states that do not guarantee a right to counsel for parents facing termination of parental rights.

Some Civil Lawsuits Should Have Public Defenders

The Constitution only guarantees a right to an attorney for criminal defendants. Parties in civil lawsuits can choose to hire an attorney, but the state is not obligated to provide one. However, the Constitution is a floor, not a ceiling. This means that while all states must provide an attorney to a defendant in a criminal prosecution, there is nothing preventing a state from providing an attorney in other situations.

Although most states would be reluctant to provide an attorney outside of criminal law, attorneys should be provided in other contexts. Attorneys are provided for criminal defendants in part because the consequences of losing can be devastating – the death penalty is the ultimate penalty available to prosecutors. However, there are some fates worse than death, and most parents would agree that losing their children would be one of the worst fates. Some states, like Idaho, do offerpublic defenders in cases where child custody rights could be terminated. Public defenders for child custody termination are not a universal right, though, and very much depend on the state.  

Parental Rights Must Serve the Child’s Best Interests

Parents only have a “fundamental right” to their children to the extent it is in the child’s best interests. However, children are independent people from their parents, even if they are initially completely dependent on their parents during early childhood. Parents should always conduct themselves in a manner that best suits their children, even if their own feelings or legal rights are harmed.

For instance, parents can lose access to their child if they abuse their child, whether physically, mentally, or sexually. Most states now have laws that require certain adults, such as therapists, teachers, or nurses, to report suspected child abuse to law enforcement. A parent who doesn’t take their child’s best interests to heart, or outright harms their child, should not have access to the child.   

Do I Need a Lawyer for My Family Law Issue?

If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.