Grandparents’ Rights Attorneys Serving Boise & Meridian, Idaho

Grandparents play an important role in the lives of their grandchildren, providing love, support, and stability. In Idaho, grandparents' rights regarding visitation and custody are recognized, but they are subject to specific legal standards and procedures.  

At Shep Law Group, we’re committed to helping grandparents in Boise, Meridian, and throughout Ada and Canyon Counties understand their rights and take the necessary steps to maintain meaningful relationships with their grandchildren. We pride ourselves on our dedication to our clients, working diligently to protect and advocate for their rights.  

With a focus on delivering clear and actionable legal advice, we make sure our clients are well-informed and supported every step of the way. Whether you need help understanding visitation laws or addressing custody issues, we stand ready to assist. 

Understanding Grandparents' Rights in Idaho

Idaho law acknowledges the importance of maintaining relationships between grandparents and grandchildren. However, these rights are typically secondary to the rights of the parents. The state has specific statutes and case law that outline when and how grandparents can seek visitation or custody rights. 

Visitation Rights 

Grandparents in Idaho may seek visitation rights through the court system under certain conditions. Courts consider various factors such as the emotional ties between the grandparent and grandchild, the child's adjustment to their home environment, and the mental and physical health of all parties involved.  

Within the following conditions, grandparents may be able to pursue visitation rights: 

Statutory Basis

• Idaho Code § 32-719 allows grandparents to petition for visitation rights. 

• The court must find that visitation is in the best interests of the child. 

Best Interests of the Child

• The primary consideration in any visitation case is the child's best interests. 

• Factors considered include the emotional ties between the grandparent and grandchild, the child's adjustment to home and school, and the mental and physical health of all parties involved. 

When Can Grandparents Petition?

• Grandparents can petition for visitation if one or both parents are deceased. 

• If the child's parents are divorced or have never been married, grandparents may also seek visitation rights. 

• In circumstances where the child has been adopted, grandparents may have limited rights unless the adoption is by a stepparent or other relative. 

Procedure for Petitioning

• Grandparents must file a petition in the county where the child resides. 

• A court hearing will be scheduled, during which evidence and testimony will be presented to determine the child's best interests. 

At Shep Law Group, we’re well-equipped to handle the sensitive and complex nature of your visitation case with years of experience helping families and individuals in Idaho address legal challenges. We provide comprehensive legal support for clients pursuing visitation rights, exploring all legal avenues to establish and maintain these important family bonds. With a proven track record of achieving favorable outcomes, we’re committed to advocating for your rights and the best interests of your grandchild.

Custody Rights 

Grandparents can also seek custody in cases where parents are deemed unfit due to abuse, neglect, or other serious issues. The court’s primary concern is always the child's best interests, evaluating factors like the stability of the proposed home environment and the ability of the grandparents to meet the child’s needs. 

In Idaho, grandparents may pursue custody under specific conditions, including: 

Legal Basis

• Idaho Code § 32-717B provides for the possibility of awarding custody to grandparents. 

• This usually happens when the parents are unable or unwilling to care for the child. 

Standards for Custody

• The court must determine that living with the grandparents is in the child's best interests. 

• Factors include the child's need for a stable and continuous relationship, the ability of the grandparents to provide a safe and nurturing environment, and the wishes of the child if they are of sufficient age and maturity. 

Circumstances for Custody

• Situations where parents are deemed unfit due to abuse, neglect, substance abuse, or incarceration. 

• Cases where parents voluntarily relinquish custody to the grandparents. 

Procedure for Seeking Custody

• Grandparents must file a petition for custody in the appropriate county court. 

• Evidence will be required to demonstrate the parent's unfitness and the grandparents' suitability as custodians. 

• The court may appoint a guardian ad litem to represent the child's interests during proceedings. 

At Shep Law Group, we provide dedicated support and guidance to grandparents seeking custody rights. With our compassionate and thorough approach, we strive to achieve favorable outcomes that translate to a stable and nurturing environment for your grandchildren. 

Modifications and Terminations 

Both visitation and custody arrangements can be modified or terminated based on changing circumstances: 

Modification 

• Either party can request a modification of the visitation or custody order if there is a significant change in circumstances. 

• The court will once again assess the child's best interests before making any changes.  

Termination

• Visitation or custody rights may be terminated if it is shown that continued contact is not in the child's best interests.  

• Common reasons for termination include evidence of harm or abuse, or if the child is adopted by someone other than a stepparent or relative.  

While grandparents in Idaho do have the right to seek visitation and, in some cases, custody of their grandchildren, these rights are carefully balanced against the rights of the parents and the best interests of the child. Legal proceedings can be complex and emotionally challenging, so grandparents seeking these rights may benefit from consulting with a family law attorney to approach the process with greater confidence and clarity.  

How Shep Law Group Can Help

At Shep Law Group, we provide personalized legal counsel for your unique situation. Our services include: 

• Consultations: We offer in-depth consultations to understand your specific circumstances and explain your legal options. 

• Legal representation: From filing petitions to representing you in court, we handle all aspects of your case with precision and care. 

• Ongoing support: We provide ongoing support and advice to help protect your rights throughout the legal process. 

Our approach is both thorough and compassionate, giving you confidence and support as you seek to uphold your rights as a grandparent.