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Idaho Rules of Civil Procedure Rule 24(d). De facto Custodian Intervention.

(i) A request for de facto custodian status pursuant to Idaho Code Section 32-1704(1)(b) shall be brought by way of a Motion for Permissive Intervention if there is an existing Idaho order ofchild custody or a pending Idaho proceeding to establish custody with regard to the child or children that are the subject ofthe request. A child custody proceeding shall not include actions filed pursuant to title 16 of the Idaho Code. The Motion for Permissive Intervention shall be served pursuant to IRCP 7 in any pending child custody proceeding. The Motion for Permissive Intervention shall be served pursuant to IRCP 4 if the custody proceeding is closed. A Notice of Hearing shall be served along with the motion in accordance with IRCP 7(b)(3).

 

(ii) If the Motion for Permissive Intervention is granted, a Petition for De facto Custodian Status and Custody may be filed. The petition shall be served and adjudicated in substantially the same manner as an original proceeding. The petition and notice of hearing shall be served upon the parties pursuant to IRCP 4 unless otherwise ordered by the court. The Notice of Hearing shall direct the opposing party to file a written response within 20 days.

 

(Rule Rule 24(d) adopted September 10, 2010, effective October 1, 2010.)

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