Custody Forms Reminder

The Interactive Custody Petition is currently undergoing revisions due to changes in the law and is not available.  We apologize for the inconvenience.

 

You must have the following completed forms with you before you start:

  • Parenting Plan (Form #FL 03)
  • Income Affidavit (Form #FL 01-11)
  • Child Support Worksheet (Form #FL01-13)

 

If you need to complete these forms, contact your local Court Assistance Officer or Family Court Services Officer.

 

Idaho State SealStart the Custody Petition interview Interactive Icon

 

Note: You will be taken to our partnering site, “LawHelp Interactive”.

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    Divorce Terms Explained

    Community Debts

    Community debts are debts incurred during your marriage by you or your spouse that are not separate debts. Generally, separate debts are debts you had before you got married, bills you owe for improving or maintaining your separate property, or debts you acquire solely in your own name. (Most debts acquired during marriage are community debts.)

    Community Personal Property

    Community Personal Property is all property that is not real-estate acquired by both you and your spouse during the marriage that is not separate property. Personal community property can include:

    -furniture -clothing
    -vehicles -cash
    -bank accounts -securities
    -debts owed to you -retirement accounts*

    *If either of you have retirement accounts you should definitely talk to an attorney before proceeding.

    Community Real Property

    Community Real Property is real-estate/land (with or without permanently attached buildings) acquired by one or both of you during the marriage unless it is separate property that was given to either of you separately as a gift; inheritance; or in exchange for other separate property.

    Legal Description of Real Estate

    The legal description of your property can be found in the property deed. If you do not have a copy of your deed, for a fee, you can get a copy of the property deed from your local County Recorder's office.
    Example of a property legal description: Morningside Subdivision, Lot 12, East 68.10’, of South 103’, Block 3.

    Separate Property

    Separate property is real estate or personal property either:

    • owned before the marriage.
    • received during the marriage by gift or inheritance separate from your spouse.
    • got in exchange for other separate property.

    Real estate is a house or land, with or without buildings.
    Personal property includes:

    -furniture -clothing
    -vehicles -cash
    -bank accounts -securities
    -debts owed to you -retirement accounts*

    *If either of you have retirement accounts you should definitely talk to an attorney before proceeding.

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      Domestic Violence Services

      All Idaho Legal Aid Services' (ILAS) offices provide the following kinds of help to victims of domestic violence:

      • protection orders
      • divorce
      • custody and/or visitation
      • spousal and child support

      In order to be eligible, you must be the following:

      • victim of domestic violence
      • referred by domestic violence shelter
      • a low-income household
      • without a lawyer

      Contact your local ILAS office for more information.

      Table of Contents

        Emergency Help for Domestic Violence

        Emergency Help

        If you or someone you know is being abused, get help as soon as possible. You can find the following kinds of help:

        Legal Help

        Call the ILAS domestic violence hotline

        208-746-7541
                   

        Staffed Monday-Friday 10:00 am to 12:30 pm and 1:30 pm to 4:30 pm Mountain Time (9:00 am to 11:30 am and 12:30 pm to 3:30 pm Pacific Time) by a legal aid attorney who can provide immediate free legal advice with civil problems involving domestic violence.

        Translation services can be made available for Spanish speaking callers

        Areas of legal advice include, but are not limited to:

        • Cases to obtain, modify, or enforce civil protection orders
        • Divorce-related separations
        • Spousal and child support
        • Child custody and/or visitation

        To find more information about Idaho laws and ways to help yourself:

        • Contact your local Court Assistance Office (CAO). There are many forms, instructions, and/or videos that you can use as a legal resource.
        • Go to the CAO website to download forms, instructions, and/or videos. 

         http://www.courtselfhelp.idaho.gov/

        To find a pro bono attorney:

        • Call the Idaho Volunteer Lawyers Program
                      (208) 334-4510
                              -or-
                      1-800-221-3295
        • Write the Idaho Volunteer Lawyers Program
                      IVLP
                      P.O. Box 895
                      Boise, ID 83701-0895

        To find a private attorney:

        • Call the Idaho State Bar Lawyer Referral Service
                      (208) 334-4500

        If you have any questions about a lawyer, call the Idaho State Bar, (208) 334-4500

        Domestic Violence 24-hour Hotlines and Shelters 

        Idaho Crisis Lines

        National Domestic Violence Hotline: https://www.thehotline.org/
        1(800) 799−7233 or TTY 1(800)787−3224

        Rose Advocates: https://www.roseadvocates.org/
        24 hour Crisis Hotline: (208) 414-0740

        Idaho Domestic Violence Shelters

        Search for domestic violence shelters and other assistance. Proviced by the Idaho Coalition Against Sexual and Domestic Violence.

        Search for domestic violence shelters and other assistance

         

        Table of Contents

          Family Law

          Family walking in parkGenerally, family law involves issues such as:

          • Adoption
          • Child Custody
          • Child Support
          • Divorce
          • Domestic Violence
          • Paternity
          • Spousal Support
          • Visitation
          • Civil Protection Orders

          However, Idaho Legal Aid Services, Inc. is limited in the types of family law cases we can accept. We may provide legal help to families in the following types of cases: 

          • Civil protection order, divorce, establishing or modifying custody, visitation, and/or child support, where domestic violence is present, or
          • Guardianships for seniors or minors (some offices only).

          We accept cases based on program priorities, available staff, and funding in each local office.

          To apply for legal help in any of these areas, please visit the "Apply for Help" tab above. 

          How to Find Legal Help | Family Law Information and Resources

          Table of Contents