Change Custody, Visitation, or Child Support (Modification)

Use these steps to request a change in the custody, visitation, or child support of an existing decree.

Step 1 — Starting a Modification

Forms

Instructions — Filing a Petition for ModificationPDF
Instructions — Completing a Petition to Modify an Order, Judgment or DecreePDF
1. Family Law Case Information SheetRTFPDF
2. Petition to Modify an Order, Judgment or DecreeRTFPDF
3. Summons with OrdersRTFPDF

If you are changing Child Support, you will also need the following forms:

Instructions — FAQ about child Support in IdahoPDF
1. Affidavit Verifying IncomeRTFPDF
2. Shared or Split Custody Worksheet orRTFPDF
3. Standard Child Support WorksheetRTFPDF

If you are changing custody/visitation you will also need:

1. Parenting PlanRTFPDF

Step 2 — Serve (Deliver the Documents)

Forms

1. Acknowledgement of ServiceRTFPDF
2. Affidavit of Service with OrdersRTFPDF

Service by Publication (if you cannot find the other parent)
This is the packet you would use to request permission from the court to Serve by Publication in a Family Law case.

Instructions — Service by PublicationPDF
1. Motion and Affidavit for Service by PublicationRTFPDF
2. Order for ServiceRTFPDF
3. Summons by PublicationRTFPDF
4. Affidavit of mailing Per Order for PublicationRTFPDF

Step 3 — Responding to a Modification

Step A — File a Response to a Modification Petition

Use these forms if you were served with the other party's Petition for Modification and you disagree with the changes requested.

Instructions — 3-3 Completing Family Response (With Children)PDF
1. Family Case Response (With Children)RTFPDF
2. Family Law Case Information SheetRTFPDF
See Also Mandatory Disclosure Requirements Below

Step B — Complete Mandatory Disclosures

When you file a response, both parties must then exchange information within 35 days unless the case is resolved by Default or Stipulation within 35 days.

Instrustions 5-1 Instructions for Mandatory Child Support DisclosuresPDF
1. Petitioner's/Respondent's Mandatory Child Support DisclosuresRTFPDF
2. Certificate of ServiceRTFPDF

Only the Certificate of Service is filed with the court. Do Not File the Disclosures with the court.

Step 4 — Finalizing a Modification

Finalizing by Default

Default means the other party was served, but did not respond within the 21 days allowed.

Notice Availability of CAO M Inst 8-1PDF
Instructions — Finalizing a Custody or Modification CasePDF
Instructions — Guidelines for Courtroom BehaviorPDF
1. Motion and Affidavit for Entry of DefaultRTFPDF
2. DefaultRTFPDF
3. Judgment of ModificationRTFPDF
4. Child Support Order Transmittal FormRTFPDF

Finalizing by Stipulation

Stipulation means both parties are in agreement and will sign.

Instructions — Finalizing a Custody or Modification CasePDF
1. Stipulation for Entry of Order, Judgment, or DecreeRTFPDF
2. Notice Availability of CAO M Inst 8-1PDF
3. Judgment of ModificationRTFPDF
4. Child Support Order Transmittal FormRTFPDF

Cases where Health and Welfare is a party Changing custody, visitation, or child support (Modification)

Use these steps to request a change in custody, visitation, or child support of an existing decree and the Department of Health and Welfare was a party to the case.

Step 1 — Starting a Modification

Forms

Instructions — Completing a Petition to Modify an Order, Judgment or Decree (H&W)PDF
1. Family Law Case Information SheetRTFPDF
2. Petition to Modify an Order, Judgment or Decree (H&W)RTFPDF
3. Summons with OrdersRTFPDF

If you are changing Child Support, you will also need the following forms:

Instructions — About Child Support in IdahoPDF
1. Affidavit Verifying Income (H&W)RTFPDF
2. Shared or Split Custody Worksheet (H&W) orRTFPDF
3. Standard Child Support Worksheet (H&W)RTFPDF

If you are changing custody/visitation you will also need:

1. Parenting PlanRTFPDF

Step 2 — Serve (Deliver the documents)

Forms

1. Acknowledgement of Service (H&W) orRTFPDF
2. Affidavit of Service (H&W)RTFPDF

Service by Publication (if you cannot find the other parent)
This is the packet you would use to request permission from the court to Serve by Publication in a Family Law case.

Instructions — Service by PublicationPDF
1. Motion and Affidavit for Service by PublicationRTFPDF
2. Order for ServiceRTFPDF
3. Summons by PublicationRTFPDF
4. Affidavit of mailing Per Order for PublicationRTFPDF

Step 3 — Responding to a Modification

Step A — File a Response to a Modification Petition (H&W)

Use these forms if you were served with the other party's Petition for Modification and you disagree with the changes requested.

InstructionsPDF
1. Response (H&W)RTFPDF
2. Family Law Case Information SheetRTFPDF
See Also Mandatory Disclosure Requirements Below

Step B — Complete Mandatory Disclosures

When you file a response, both parties must then exchange information within 35 days unless the case is resolved by Default or Stipulation within 35 days.

Instructions — Mandatory Child Support DisclosuresPDF
1. Petitioner's/Respondent's Mandatory Child Support DisclosuresRTFPDF
2. Certificate of ServiceRTFPDF

Only the Certificate of Service is filed with the court. Do Not File the Disclosures with the court.

Step 4 — Finalizing a Modification

Finalizing by Default

Default means the other party was served, but did not respond within the 21 days allowed.

Availability of CAO M Instructions 8-1PDF
Instructions — Guidelines for Courtroom BehaviorRTF
Instructions — Finalizing a Custody or Modification CasePDF
1. Motion and Affidavit for Entry of Default (H&W)RTFPDF
2. Notice to H&W of Intent to Default on Petition to ModifyRTFPDF
3. Default (H&W)RTFPDF
4. Judgment of Modification in H&W caseRTFPDF
5. Child Support Order Transmittal FormRTFPDF

Finalizing by Stipulation

Stipulation means both parties are in agreement and will sign.

Instructions — a Custody or Modification CasePDF
1. Stipulation for Entry of Order, Judgment, or DecreeRTFPDF
2. Judgment of Modification in H&W caseRTFPDF
3. Child Support Order Transmittal FormRTFPDF