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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.
(2) "Abandoned" means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact.
In Idaho, a custody arrangement is determined by the court's analysis of the child(ren)'s best interests. See Idaho Code Sections 32-717 and 32-717B. Courts presume that joint custody is in the best interests of the child(ren) unless evidence demonstrates otherwise.
Consent is required from the terminating parent under Idaho Code section 16-1504. Consent must be witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person consenting resides.
Support obligations should be determined without regard to the gender of either parent. Rarely should a parent's child support obligation be set at zero; therefore, there is a rebuttable presumption that each parent should contribute at least $50 per month per child.