How to Obtain Temporary Custody Orders in Idaho


Idaho will consider awarding temporary child custody in several situations, including during divorce proceedings and if the child is in danger. A temporary custody order will grant full custody to one parent for a limited time, after which a formal long-term custody decision must be made. The process to file for temporary custody is essentially the same throughout the U.S.

  • Contact a lawyer, if possible. While it is possible for you to file for temporary custody without legal aid, incorrectly completed paperwork or missed steps can reduce the likelihood of a favorable outcome. Even if you choose not to hire representation for the hearings, a lawyer can advise you on the law as it applies to your situation.

  • Obtain a motion for temporary custody form. Your lawyer can provide this, or you can request the form from the clerk at your local courthouse. Most courts have standardized forms available for little or no cost.

  • Complete the form. Detail why you are asking for temporary custody and why this is in the child's best interest. Keep your descriptions brief but accurate, and avoid personal attacks against your spouse -- stick to the facts.

  • File the completed form with your local court. Return the papers to the court clerk, who will then schedule a date for the hearing.

  • Attend the hearing. The judge will listen to your request and to any arguments from your spouse, then determine what is in your child's best interest.

Tips & Warnings

  • Temporary custody orders are awarded only when it is in the child's best interest. Differences in parenting style or disagreements about minor issues are not grounds for a court decision.


  • Photo Credit Jupiterimages/Polka Dot/Getty Images
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