Idaho Code
Idaho Code

Idaho Code § 32-1011 (2026)

PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. 

✓ current as of May 2026
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PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. 

Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2016–2024 · leading case: Nelson v. Evans, 517 P.3d 816 (Idaho 2022).
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Nelson v. Evans, 517 P.3d 816 (Idaho 2022). · cites it 3× “§ 32-1010(2)–(5); see also I.C. § 32-1011. In addition, the Act provides that “[g]overnmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section…”
Doe v. Doe, 372 P.3d 366 (Idaho 2016). · cites it 2× “” I.C. § 32-1011. Therefore, a guardian has that right upon being appointed.”
Murray v. Dalton (Idaho 2024). · cites it 6× “I.C. §§ 32-1011, 32-1012. The Act prohibits the State of Idaho from violating a parent’s fundamental rights or otherwise restricting or interfering with those rights unless the State demonstrates, by clear and convincing evidence, that the restriction or interference is both…”
Murray v. Dalton (Idaho 2024). · cites it 6× “I.C. §§ 32-1011, 32-1012. The Act prohibits the State of Idaho from violating a parent’s fundamental rights or otherwise restricting or interfering with those rights unless the State demonstrates, by clear and convincing evidence, that the restriction or interference is both…”
DOES I v. DOES II - Re Conservatorship of Minor Child (Idaho 2016). · cites it 2× “” I.C. § 32-1011. Therefore, a guardian has that right upon being appointed.”
IDHW v. Jane & John Doe (Idaho 2024). · cites it 2× “Third, Parents contend that the magistrate court violated their fundamental and constitutional rights to parent, pursuant to Idaho Code section 32-1011, by vesting legal custody of the children in IDHW.”
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