Idaho Code
Idaho Code § 32-1007 (2026)
Rights of parents over children.
✓ current as of May 2026
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Rights of parents over children.
The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child’s custody, services and earnings.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1961–2022 · leading case: Stockwell v. Stockwell, 775 P.2d 611 (Idaho 1989).
Stockwell v. Stockwell, 775 P.2d 611 (Idaho 1989). “I.C. § 32-1007 provides: The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and *621 earnings.”
Danti v. Danti, 204 P.3d 1140 (Idaho 2009). “I.C. § 32-1007. If one parent dies, is unable to take custody, refuses custody, or abandons the family, however, the other parent is entitled the children’s custody, services, and earnings.”
Hopper v. Hopper, 167 P.3d 761 (Idaho 2007). “Idaho Code § 32-1007 provides the following: The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings.”
Revello v. Revello, 606 P.2d 933 (Idaho 1979). “She claims that I.C. § 32-1007 [2] establishes a statutory presumption that the natural parents of minor children are entitled to the care, custody and control of their children absent an affirmative showing that the parents had either abandoned their children or were unable to…”
Ewing v. Gordon, 529 P.2d 1296 (Idaho 1974). “I.C. § 32-1007 provides: "The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings.”
Yearsley v. Yearsley, 496 P.2d 666 (Idaho 1972). “See I.C. § 32-1007: " Rights of parents over children.”
Clark v. Jelinek, 414 P.2d 892 (Idaho 1966). “§ 15-1805; [1] *894 I.C. § 32-1007; [2] Schiller v. Douglas, 48 Idaho 803 , 285 P.”
Bartosz v. Jones, 197 P.3d 310 (Idaho 2008). “Courts must, however, take into account Idaho's presumption that it is in the child's best interest to maintain frequent and continuing contact with both parents, unless one parent is an habitual perpetrator of domestic violence.”
State v. Calver, 307 P.3d 1233 (Idaho Ct. App. 2013). “Within Idaho Code § 32-1007 , it is outlined what conditions may cause a loss of such equal custodial rights, including abandonment or refusal to take custody.”
Carver v. Hornish, 518 P.3d 1175 (Idaho 2022). “Because of this, she is no longer an “unmarried minor child” subject to the magistrate court’s jurisdiction in the divorce action.”
Spaulding v. Child.'s Home Finding & Aid Soc'y of North Idaho, Inc., 402 P.2d 52 (Idaho 1965). “2699a, now I.C. § 32-1007. 32 Idaho at 412 , 184 P. at 472 .”
Blankenship v. Brookshier, 420 P.2d 800 (Idaho 1966). “§ 15-1805, which provides that “Either the father or the mother of a minor, being themselves respectively competent to transact their own business, and not otherwise unsuitable, must be entitled to the guardianship of the minor.”
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