Print Friendly SENATE BILL NO. 1330 – Divorce, child custody, factors
SENATE BILL NO. 1330
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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
01/28 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to Jud
|||| 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
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
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.
There is no fiscal impact.
Name: Bart M. Davis
STATEMENT OF PURPOSE/FISCAL NOTE S 1330