Section 32-1612 – ORDER FROM HEARING.
32-1612. ORDER FROM HEARING. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code. (2) The department shall notify the […]
Section 32-1613 – DEFAULT.
32-1613. DEFAULT. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of any subsequent order shall be entered pursuant to the department’s […]
Section 32-1614 – LIABILITY OF FINANCIAL INSTITUTION.
32-1614. LIABILITY OF FINANCIAL INSTITUTION. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withholding funds, freezing assets, turning over assets or otherwise complying or attempting to comply with […]
Section 32-1701 – SHORT TITLE.
32-1701. SHORT TITLE. This chapter may be known and cited as the "De Facto Custodian Act." History: [32-1701, added 2010, ch. 236, sec. 1, p. 609.]
Section 32-1702 – PURPOSE.
32-1702. PURPOSE. The purpose of this act is to: (1) Give constitutionally required deference to the decisions of fit parents in custody actions brought by third parties; (2) Subject to such constitutionally required deference, meet the needs of children for caring and stable homes by providing a flexible method by which a third party who […]
Section 32-1703 – DE FACTO CUSTODIANS.
32-1703. DE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who: (a) Is related to a child within the third degree of consanguinity; and (b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and […]
Section 32-1704 – COMMENCEMENT OF PROCEEDINGS.
32-1704. COMMENCEMENT OF PROCEEDINGS. (1) A child custody proceeding may be initiated in any court of this state with jurisdiction to determine child custody matters, by an individual: (a) Filing a petition seeking a determination that he or she is a de facto custodian pursuant to section 32-1703, Idaho Code, and seeking custody of a […]
Section 32-1705 – NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP.
32-1705. NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP. (1) A court may enter an order granting a de facto custodian sole or joint legal and/or physical custody as defined in section 32-717B(1), (2) and (3), Idaho Code, in the same manner as it would grant such […]
Section 32-1801 – DELEGATION OF PARENTAL POWERS.
32-1801. DELEGATION OF PARENTAL POWERS. (1) A parent or legal guardian of a child, by a properly executed power of attorney, may temporarily delegate to another person, named in the instrument as the temporary caregiver, any of the traditional parental rights and responsibilities regarding care and custody of the child except for: (a) Consent for […]
Section 32-1605 – RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER.
32-1605. RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER. (1) When an asset withholding order is received by a financial institution pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. Financial institutions shall accept the […]