ID Bar Family Law 2 ā Questions and Answers
Question 1: In Idaho custody proceedings, what is the primary standard courts apply when making custody determinations?
- The primary caretaker presumption
- The best interests of the child (Correct answer)
- Equal parenting time for both parents
- The preference of the child if over age 12
Correct answer: The best interests of the child
Idaho Code Ā§ 32-717 mandates that courts make all custody determinations based on the best interests of the child, weighing multiple enumerated statutory factors.
Question 2: Under Idaho law, how does a court treat a child's expressed preference regarding custody arrangements?
- It is binding on the court once the child reaches age 14
- It is irrelevant in custody proceedings until the child reaches age 16
- It is one factor the court may consider regardless of the child's age (Correct answer)
- It controls the custody outcome if the child is at least 12 years old
Correct answer: It is one factor the court may consider regardless of the child's age
Under Idaho Code Ā§ 32-717(5), a child's wishes regarding custody are one of many factors the court may consider at any age, but the preference is never automatically binding on the court.
Question 3: Idaho's child support guidelines use which model to calculate each parent's support obligation?
- The percentage of obligor's income model
- The income shares model (Correct answer)
- The Melson formula
- The flat-rate equal contribution model
Correct answer: The income shares model
Idaho uses the income shares model, which considers the combined incomes of both parents and allocates child support proportionally based on each parent's share of that combined income.
Question 4: Under Idaho law, spousal maintenance (alimony) awards are best characterized as:
- Automatic in marriages that lasted over ten years
- Permanent unless the receiving spouse voluntarily waives the award
- Discretionary and based on factors such as financial need and the other spouse's ability to pay (Correct answer)
- Capped at thirty percent of the paying spouse's gross monthly income
Correct answer: Discretionary and based on factors such as financial need and the other spouse's ability to pay
Under Idaho Code Ā§ 32-705, spousal maintenance is entirely discretionary; courts weigh factors including the requesting spouse's financial need, the standard of living during the marriage, and the paying spouse's financial resources.
Question 5: In Idaho, a parent who wishes to relocate with a minor child to another state generally must:
- Simply provide thirty days' written notice to the other parent before relocating
- Obtain the written consent of the other parent or court approval before relocating (Correct answer)
- File a new custody action in the destination state before relocating
- Wait until the child's current custody order expires before relocating
Correct answer: Obtain the written consent of the other parent or court approval before relocating
Idaho courts require the relocating parent to obtain the other parent's written consent or seek court approval before relocating with a child, protecting the non-relocating parent's custodial rights.
Question 6: Under Idaho law, parental rights may be terminated by a court when:
- Both parents mutually agree to termination in a notarized writing
- The court finds statutory grounds and determines termination is in the child's best interests (Correct answer)
- A parent has been continuously incarcerated for more than one year
- The child requests termination after reaching age 14
Correct answer: The court finds statutory grounds and determines termination is in the child's best interests
Under Idaho Code Ā§ 16-2005, termination of parental rights requires both a finding of specific statutory groundsāsuch as abandonment, neglect, or abuseāand a determination that termination serves the child's best interests.
Question 7: Which of the following factors is NOT among those enumerated in Idaho Code Ā§ 32-717 for a best-interests-of-the-child custody analysis?
- The nature of the child's relationship with each parent
- The physical and mental health of all individuals involved
- The financial net worth of each parent (Correct answer)
- The need for continuity and stability in the child's care
Correct answer: The financial net worth of each parent
Idaho Code Ā§ 32-717 does not list a parent's financial net worth as a custody factor; financial support needs are addressed through child support proceedings, while custody focuses on the child's welfare and relational stability.
ID Bar Family Law 2
In Idaho custody proceedings, what is the primary standard courts apply when making custody determinations?