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SENATE BILL NO. 1330

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Daily Data Tracking History

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S1330................................................by JUDICIARY AND RULES
DIVORCE - CHILD CUSTODY - Amends existing law relating to divorce actions
to revise certain factors to be considered by the court in providing
direction for the custody, care and education of the children of the
marriage.
                                                                        
01/28    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to Jud

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1330
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DIVORCE ACTIONS; AMENDING SECTION 32-717, IDAHO  CODE,  TO  REVISE
  3        CERTAIN  FACTORS  TO BE CONSIDERED BY THE COURT IN PROVIDING DIRECTION FOR
  4        THE CUSTODY, CARE AND EDUCATION OF THE CHILDREN OF THE MARRIAGE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 32-717, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        32-717.  CUSTODY OF CHILDREN -- BEST INTEREST. A. In an action for divorce
  9    the court may, before and after judgment, give such direction for the custody,
 10    care  and  education  of the children of the marriage as may seem necessary or
 11    proper in the best interests of the children. The  court  shall  consider  all
 12    relevant factors which may include:
 13        1.  The wishes of the child's parent or parents as to his or her custody;
 14        2.  The wishes of the child as to his or her custodian;
 15        3.  The  interaction  and  interrelationship  of the child with his or her
 16        parent or parents, and his or her siblings;
 17        4.  The child's adjustment to his or her home, school, and community;
 18        5.  The mental and  physical  health  and  integrity  of  all  individuals
 19        involved;
 20        6.  The  need to promote continuity, and stability, and citizenship in the
 21        life of the child. "Citizenship" as used in this subsection shall mean  an
 22        analysis of which parent may best contribute to a child's civic, moral and
 23        familial  upbringing  but  shall  not include an analysis of the religious
 24        practice, or lack thereof, of a parent; and
 25        7.  Domestic violence as defined in section 39-6303, Idaho  Code,  whether
 26        or not in the presence of the child.
 27        B.  In any case where the child is actually residing with a grandparent in
 28    a  stable  relationship, the court may recognize the grandparent as having the
 29    same standing as a parent for evaluating what custody arrangements are in  the
 30    best interests of the child.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE	
                         RS 11758

The purpose of this bill is to interject into child custody 
proceedings a judicial requirement that it analyze the child’s 
civic, moral, and familial upbringing in determining the 
custodial award of minor children.


                         FISCAL IMPACT


There is no fiscal impact.


Contact
Name:	Bart M. Davis
Phone:	208/332-1307



STATEMENT OF PURPOSE/FISCAL NOTE		S 1330