March 13, 2026 · Shannon Draughon
Idaho considers a constitutional framework for family law
Coverage from the Idaho Legislature on HB 824 and the work underway. Read the bill.
Idaho lawmakers are reviewing HB 824, a proposal that would bring the state’s custody laws into alignment with long-established constitutional protections for the parent-child relationship. The bill reflects a growing national effort to ensure that family-court procedures follow the same due-process principles that govern every other area of fundamental rights.
The Supreme Court has repeatedly held that the parent-child relationship is a fundamental liberty interest and that fit parents are presumed to act in their children’s best interests. HB 824 does not create new rights. It codifies these constitutional guardrails so that Idaho families receive clear standards, predictable procedures, and reviewable decisions.
What HB 824 would change
- A presumption of substantially equal parenting time unless clear and convincing evidence shows real or substantiated potential harm
- Evidentiary hearings before long-term restrictions are imposed
- Written findings that identify the evidence relied on and the reasons for any restriction
- Limits on temporary and ex parte orders so they do not become de facto permanent outcomes
- Restoration plans that return children to normal parenting time once allegations are resolved
- Transparency and cross-examination rights for court-appointed professionals
- Equal access to records for both parents
These provisions reflect constitutional principles recognized in Troxel v. Granville, Santosky v. Kramer, Stanley v. Illinois, and Mathews v. Eldridge.
The opposition and the constitutional question
A letter signed by seventy-seven Idaho family-law attorneys urged lawmakers to reject the bill. Attorney opposition. Their concerns focus on judicial discretion, evidentiary burdens, and the fear that courts will be unable to act in anticipation of possible harm.
The Due Process Project submitted a constitutional analysis explaining that many of the practices defended in the opposition letter raise due-process risks when they restrict a fundamental right without defined standards or reviewable findings. The memo emphasizes that HB 824 structures discretion rather than removing it. Legal analysis.
A broader national context
Idaho’s work is part of a wider national reassessment of family-court structure. In a letter to the Legislature, systems engineer and Troxel II author Dan Sturtevant described HB 824 as the first legislative attempt he has seen to design a custody framework intentionally for the purpose of securing constitutional rights within family life. Dr. Sturtevant’s advisory letter. Why this matters.
Idaho families deserve a system that is transparent, predictable, and grounded in constitutional law. HB 824 offers a path toward that structure.