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Under Idaho Statute § 15-5-209, a guardian is defined as a person who "has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child." The guardian is not obligated, however, to provide for the ward out of his or her own funds and is not liable to third ...
A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor.
Custody usually refers to an arrangement between parents and their children, while a guardian of a child is usually a court-appointed adult who is granted rights and responsibilities towards a child when their parents are unable to care for them.
Any relative of the minor, the minor if he/she is over 14 years old, or any person interested in the welfare of the minor may petition for guardianship. WHERE SHOULD I FILE FOR GUARDIANSHIP? Petitions for guardianship should be filed with the magistrate court in the county where the minor child lives.
(d) The temporary guardian's authority may not exceed six (6) months unless extended for good cause. Only one (1) such extension may be made, and the extension period must not last longer than six (6) additional months.