WeVote
Log In

Bill

Bill

H 859

CHILD CUSTODY – Adds to existing law to provide for restoration of lost parenting time.

68th Legislature, 2nd Regular Session (2026)

Idaho bill H 859 creates a mechanism allowing parents to restore parenting time lost under unspecified circumstances in custody cases.

Introduced, read first time, referred to JRA for Printing
#children #courts #domesticrelations #guardiansandconservators #parents
0
WeVote Research Nonpartisan
Bill Summary · H 859

Legislative bill overview

H 859 modifies Idaho's child custody law to create a mechanism for parents to recover or "restore" parenting time that was lost due to specified circumstances. The bill adds provisions to existing custody statutes, though the specific triggering events and restoration procedures are not detailed in the available introduction materials. This represents an expansion of parental rights remedies in custody disputes.

Why is this important

Parenting time (custody/visitation) directly affects children's relationships with both parents and can significantly impact child support obligations, insurance coverage, and family stability. The bill potentially addresses situations where parents believe they unfairly lost custody access due to circumstantial changes, which could affect thousands of Idaho families navigating post-divorce or custody modifications. However, the practical scope depends heavily on how "lost parenting time" is defined and what circumstances qualify for restoration.

Potential points of contention

  • Vagueness of "lost parenting time": Without clear definitions, the law could create litigation over whether time was "lost" (denied unfairly) versus voluntarily reduced or properly restricted due to safety concerns
  • Child safety vs. parental rights balance: Restoration mechanisms could conflict with custody restrictions imposed due to documented abuse, neglect, or substance abuse issues
  • Burden of proof and cost: Determining who bears the burden to prove eligibility for restoration and the financial/legal costs of seeking restoration could disadvantage lower-income parents

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.