Where To Find Family Court Records In Idaho?
All family cases in Idaho are under the purview of the Magistrate Courts. These courts are divisions of the District Courts grouped into the 7 judicial districts and located in the counties to resolve family disputes or juvenile matters. Typically, interested persons may find and obtain family court records from local district courthouses, where they were filed. The courts provide this access to the public through in-person, electronic, or remote ordering services. However, some records and information are confidential under the law and may not be accessed by unapproved parties without a court order.
The records contained in documents related to family court include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care in order to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are not available through either government sources or third party public record websites.
What Is Family Law In Idaho?
In Idaho, several family matters arise in the counties and cities, each one distinct and requiring separate procedures to be resolved fairly. As a result, the family laws were established, not only to protect the legal rights of parties involved but also to direct these procedures and streamline court proceedings. Idaho family laws are under Title 32, Domestic Relations. Also included are the Magistrate Court’s Rules of Procedure:
Title 32, Chapter 1 - Persons
Chapter 2 - Marriage: Nature and validity of a marriage contract
Chapter 3 - Solemnization of marriage
Chapter 4 - Marriage licenses, certifications, and records
Chapter 5 - Annulment of Marriage
Chapter 6 - Divorce: grounds and defenses
Chapter 7 - Divorce actions: property rights, child custody, and child support, including orders and modifications
Chapter 8: Divorces for insanity
Chapter 9: Husband and wife: separate and community property
Chapter 10: Parent and child
Chapter 11: Uniform Child Custody Jurisdiction and Enforcement Act
Chapter 12: Mandatory income withholding for child support
Chapter 13: Parent Responsibility Act
Chapter 14: Coordinated family services
Chapter 16: Financial institution data match process
Chapter 17: De Facto Custodian Act
Court Rules: Idaho Rules of Family Law Procedure
What Are Family Court Cases And Records In Idaho?
Family court cases refer to the abuse, neglect, alimony, divorce, custody, juvenile, domestic violence, support, and other domestic relation matters handled by the Magistrate Courts. Family court records are the written or oral recordings of court proceedings in family case matters. These records consist of all orders, modifications to orders, testimonies, decisions, final judgments, motions, dockets, pleadings, and files relevant to a family case. Typically, these records are available to the public in the courthouses where the cases were filed.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides or was accused in.
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
Are Family Court Cases Public Records In Idaho?
Yes, under the Idaho Public Records Act, public members have the right to examine or obtain family court records. Exemptions to this law include sealed or confidential documents. According to Idaho Court Administrative Rule 32, exempted records include juvenile court records, mental commitment case records, adoption records, protection order petitions, child custody records, paternity records, paternity records, judicial work products, etc. Also included are identifying information, as specified by the Idaho Rules of Family Law Procedure, Rule 218, such as the names, dates of birth, addresses, and contact information of minors, victims, or informants; financial account information, and social security numbers. Only persons permitted by court order or law may obtain access to these records. Such parties include the record subjects, parents/legal guardians, representing lawyers, authorized agencies such as the Department of Health and Welfare, and other persons indicated by Rule 32.
How Do I Find Family Court Records In Idaho?
Idahoans may find family court records in the district courthouses where the petition or complaint was filed. Physical copies may be obtained from the custodian of records, known as the District Court’s Clerk. The Clerk assesses fees for copy requests in line with I. C. §31–3201 and the Public Records Act. The records fee is $1 per page for copies and $1 per document for certification. Interested parties may visit the Clerks offices within business hours to request records. The County Court Directory may be used to find court addresses and contact information of the Magistrate Courts. Also, parties may call the appropriate Clerk’s office to find out if there are alternative methods of retrieving these records.
Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.
How Do I Find Family Court Records Online?
Idaho family court records, excluding sealed cases and information, can be obtained online via the iCourt Portal. With this platform, members of the public can search for court records and hearings in the Magistrate Courts. To search for court records, the requester will be prompted to input the case number or first, middle, and last name of the record’s subject. Parties searching for hearing may enter the county, hearing type (in this case, family), search type (by case number, party/attorney’s name, etc.), and a date range to obtain results.
What Is Idaho Custody Law?
Idaho’s child custody laws govern the treatment of custody disputes involving parents and children, including the types of custody in the state and parents’ rights. Familiar cases where the custody laws apply include divorce, adoption, paternity, and child abuse and neglect matters. Recognized types of custody in Idaho are the physical and legal custody. Depending on the court’s ruling, a parent may either have joint (shared) or sole custody over a child’s activities or residence. Physical custody refers to the parents’ rights to decide on a child’s housing arrangements while legal custody awards the custodial parent with the responsibility of making major decisions, including the education, religious training, and medical care of the child. Judges may make custodial decisions based on a child’s best interests and preferences, as established under I.C §32–717. These considerations include a child’s stability needs, a child’s preferences as to the legal custodian, the characters and circumstances of involved parties, and if domestic violence is present. Under the law, the Family Court Services (FCS) is responsible for providing non-adversarial services and case-related information to individuals involved in family cases. The FCS services include child custody modifications, divorce support, parenting plans/arrangements, mental health counseling, child custody mediations, and more.
How To Find Family Court Lawyers In Idaho?
One way to find local, qualified family court lawyers in Idaho is through the Lawyer Referral Service (LRS) provided by the Idaho State Bar. This service is available online on the Find a Lawyer web page or by calling (208) 334–4500 from Monday through Friday. With the online LRS, it is possible to search lawyers by practice area, city, or county. Also, it does not cost more than $35 to get a consultation (up to 30 minutes) on a family case. Further information on the service may be obtained by reading the LRS Guidelines and Procedures. Also, parties with low income or those looking for free legal aid may access the Family Matters page for more legal resources.