Grandparents' Rights Helping You Overcome This Chapter of Your Life

Grandparents’ Rights Attorney in Boise

Legal Options for Boise Grandparents Seeking Contact or Custody

When a parent’s divorce, incarceration, or death cuts off your access to a grandchild, understanding what Idaho law currently allows is the first step. K. Mitchell Law, PLLC focuses exclusively on family law for clients in Boise, Ada County, and Canyon County, and we work with grandparents navigating exactly these situations.

Call us at (208) 285-4272 to schedule a complimentary initial consultation about your options as a grandparent in Idaho.

What Idaho Law Currently Says About Grandparent Visitation

Idaho Code § 32-719 previously allowed grandparents and great-grandparents to petition a district court for reasonable visitation by showing it served the child’s best interests. That path is no longer available. In Nelson v. Evans (2022), the Idaho Supreme Court held that § 32-719 was facially unconstitutional because it failed to limit standing or give courts adequate guidance for the best-interests analysis, violating a fit parent’s constitutional right to direct their child’s care, custody, and control.

The statute’s text still appears in the Idaho Code, but Idaho courts can’t use it to award court-ordered visitation over a fit parent’s objection. That reality shapes every strategy we discuss with grandparents who come to us.

Three Legal Paths Still Open to Idaho Grandparents

While court-ordered visitation under § 32-719 is off the table, several meaningful legal routes remain available depending on your circumstances.

Guardianship of a Minor

Under Idaho Code Title 15, Chapter 5, a court can appoint a guardian for an unmarried minor when a parent’s rights have been terminated, when the child has been neglected, abused, or abandoned, or when the parents can’t provide a stable home. Our guardianship attorney helps grandparents build their case and present their reasoning to the court. We also work with other family members, including godparents, pursuing guardianship after a child’s parents have passed away.

De Facto Custodian Status

Idaho’s De Facto Custodian Act (Idaho Code §§ 32-1701 to 32-1705) allows a relative within the third degree of consanguinity, which includes grandparents, to petition for custody if they have been the child’s primary caretaker and financial supporter without a parent present. The time threshold is at least six months for children under three, or at least one year for children three and older. A grandparent recognized as a de facto custodian receives the same standing as a parent in the related custody proceeding.

Standing in a Parent’s Divorce Case

Idaho Code § 32-717(3) allows a court to recognize a grandparent with whom the child is actually residing in a stable relationship as having the same standing as a parent when custody is decided in a divorce action. If your grandchild has been living with you during a parent’s divorce, this provision may apply to your situation.

Working Directly with an Attorney on Your Case

When you contact us, you work directly with the attorney throughout your case. We don’t hand matters off to paralegals or support staff. Every family’s circumstances are different, and we build a strategy around yours rather than applying a one-size-fits-all approach.

We’ve represented clients in family law matters at the Ada County Courthouse and understand the procedural landscape for guardianship and custody proceedings in this area. A grandparents’ rights lawyer in Boise who knows the local courts can make a practical difference in how a case is prepared and presented.

Start with a Free Consultation

If you’re trying to stay in your grandchild’s life, or if you’re already raising a grandchild and need the legal standing to do it properly, we can help you identify which path fits your situation. K. Mitchell Law, PLLC offers a complimentary initial consultation for grandparents considering guardianship, de facto custodian status, or other available options.

Call (208) 285-4272 to speak with a grandparents’ rights attorney in Boise and take the first step toward clarity for your family.

Mediation and Direct Communication as a First Step

Because Idaho courts can’t order visitation over a fit parent’s objection, many disputes about grandparent contact are resolved outside of litigation. Direct conversation with the child’s parents is often the least disruptive place to start. When that isn’t productive, mediation offers a structured way to reach an agreement without the cost and conflict of a court case. A negotiated arrangement, while not court-enforceable in the same way as a custody order, can establish consistent access and preserve relationships on all sides.

Eligibility Details for Guardianship & De Facto Custodian Petitions

Not every living arrangement qualifies a grandparent for de facto custodian status. Time the child spent with you under a court order, through a voluntary placement agreement, or while you were married to or cohabiting with the child’s parent doesn’t count toward the residency requirement. Courts also look at whether the child currently lives with you. Time that passes after a custody petition is filed doesn’t count toward the threshold either.

For guardianship, the court evaluates whether the current parental situation meets the legal grounds. Our guardianship attorney guides that process, helping you understand what evidence and documentation to bring to an Ada County proceeding and what the court may be looking for when it weighs the child’s best interests.

Continue Reading Read Less

Contact Us

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
🛡️ Please enter the above verification code:
By submitting, you agree to receive text messages from K. Mitchell Law, PLLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

What Sets Us Apart?

Dedication. Experience. Results.

Keeping Your Best Interests in Mind
Solution-Oriented Strategies
Personalized Legal Services
Initial Consultations

Dedicated to Client Satisfaction

Read What Our Clients Have to Say

"Katelynn made this process so easy."
I recently used K. Mitchell Law to have my name changed. Katelynn made this process so easy. The communication was clear and timely, and my responsibilities were easy to understand. A reasonable fee coupled with the professionalism of her office guarantees I’ll use her for future needs as well.

- LaDonna H.
"She was always prompt returning calls and email."
She was always prompt returning calls and email. She generated the documents needed quickly and everything went smoothly.

- Micheal C.
"Divorce is a difficult thing but she made it so easy and effortless."
Katelynn was thorough and patient, letting us look over everything to a point that we were satisfied.

- Jenni P.
"Katelynn was amazing to work with"
Katelynn was amazing to work with. She represented me well and had great ideas. Our case just came to a close and I can’t be happier with the outcome. She also did a great job at keeping me informed throughout the process and making sure I understood everything. She is very professional and has a great understanding of the law. I would and have recommended her to anyone. She will fight hard for you and do everything in her power to get you a fair and suitable outcome.

- Chloe M.
"I definitely recommend her to anyone going through any court system. She is very friendly and relatable!"
She made all the legal terms and everything super easy to understand and was very patient throughout the whole process of our custody case.

- Elizabeth H.
"Katelynn was amazing from the start!"
Katelynn was amazing from the start! She was referred to me by my partner's family, as the majority of them have used or consulted her services. I went for guardianship and had no idea what it entailed— Katelynn was wonderful at explaining the process and being forward about realistic expectations. In no time I was granted guardianship due to her due diligence. She was patient with me, super informative to my questions, and VERY efficient in her work. Really, all I had to do was go about my life and she handled everything! She’s a Gem to the Treasure Valley and I will always consult her for anything I may need in the future. Thanks Katelynn!

- Tianna M.