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Bill

S 1393

CHILD CUSTODY – Amends and adds to existing law to establish provisions regarding allegations of abuse and temporary and ex parte orders.

68th Legislature, 2nd Regular Session (2026)

Idaho bill clarifies procedures for abuse allegations and temporary custody orders in family law cases, balancing victim protection against due process rights.

Introduced; read first time; referred to JR for Printing
#children #courts #criminaloffensesandprocedures #domesticrelations #parents #safety
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Bill Summary · S 1393

Legislative bill overview

S 1393 amends Idaho's child custody statutes to establish new provisions governing how allegations of abuse are handled in custody proceedings and how temporary and ex parte (one-sided) court orders are issued. The bill modifies existing law to clarify procedures and standards for these protective measures in family law cases.

Why is this important

Child custody cases involving abuse allegations are high-stakes proceedings affecting vulnerable children and families. Clear statutory procedures for temporary orders and handling abuse allegations impact whether protective measures can be quickly obtained, how evidence is evaluated, and what due process protections are afforded to both accusers and accused parties.

Potential points of contention

  • Balance between protection and due process: Temporary/ex parte orders restrict one party's rights without immediate hearing opportunity; tightening or loosening standards affects both abuse victims' access to protection and accused parties' ability to defend themselves
  • Burden of proof standards: How much evidence is required to establish abuse allegations sufficient for temporary orders versus final custody decisions
  • Defining "abuse": The bill's specific definitions matter greatly—different formulations include or exclude certain behaviors, affecting who qualifies for protective measures

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

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