Idaho lawmakers are considering major changes to the state’s child custody laws that could significantly affect how custody disputes intersect with the criminal justice system. A legislative task force is preparing proposals to completely rewrite Idaho’s child custody statute, including stronger enforcement mechanisms and new criminal penalties tied to custody violations.
Among the key proposals is adding “child custody interference” to Idaho’s kidnapping statute, making it a criminal offense to knowingly withhold or conceal a child in violation of a court order. The proposal includes escalating penalties for repeat violations and would require law enforcement to accept reports, conduct welfare checks, and actively enforce custody orders, addressing long-standing concerns that police have treated custody issues as purely civil matters.
The task force is also recommending changes that emphasize parental rights and due process while expanding domestic violence safeguards. Proposed updates include a presumption of joint custody absent clear evidence of danger, clearer definitions of domestic violence—including “coercive control”—and limits on unsupervised visitation in cases involving abuse. Lawmakers say the goal is to reduce inconsistent court outcomes, improve legal clarity, and ensure criminal statutes are applied when custody orders are violated.
While the task force cannot pass legislation, its recommendations are expected to be workshopped and potentially introduced by legislators ahead of the 2026 session, signaling meaningful legal shifts that parents, and those facing criminal exposure in custody disputes, should closely watch.