IDAHO

POSITIVES:

• Idaho's PTA has an appropriate adjustment to reflect the fixed, duplicated costs involved in shared parenting.

• Idaho's PTA appropriately takes into account the effect of the PTA on both parents' households.

• Idaho's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

• Idaho's PTA has a very high threshold of 92 days.

• Idaho's PTA has a significant discontinuity (or discontinuities), creating a significant cliff effect or multiple cliff effects.

• Under certain circumstances, Idaho's PTA calculation can inappropriately result in a higher child support award than under sole custody.

POSITIVES:

• Idaho statute requires that “[e]xcept as provided in subsection (5), of this section [concerning domestic violence], absent a preponderance of the evidence to the contrary, there shall be a presumption that joint custody is in the best interests of a minor child or children.” IDAHO CODE ANN. § 32-717B

• Idaho statutes require that “[i]f the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of an award of joint custody.” IDAHO CODE ANN. § 32-717B

• Idaho statutes encourage shared parenting.

NEGATIVES: 

• Idaho’s definition of “joint custody” is weak. It requires joint legal custody but, with respect to physical custody, it re- quires only “frequent and continuing contact with both parents.” “Joint physical custody,” though, is defined more strongly as requiring “awarding each of the parents significant periods of time in which a child resides with or is under the care and supervision of each of the parents.” IDAHO CODE ANN. § 32-717B

• Idaho statutes do not explicitly provide for shared parenting during temporary orders.

Highlights

In instances of divorce or separation:

• 96% of those in Idaho believe it is in the child's best interest ... to have as much time as possible with each parent;"

• 96% of Idahoans expressed a commitment to vote their beliefs being "more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent ...when both parents are fit and willing to be parents."

• 88% of those in Idaho indicated they would support a change in Idaho law that awards children as much time as possible with each parent after divorce or separation.

• 72% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

• 93% believe that Idaho should promote shared parenting for all children with separated parents.

• 93% believe that both parents should have equal rights and responsibilities following divorce or separation.