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Joint Petition For Paternity Custody Visitation And Or Child Support Form. This is a Idaho form and can be use in District Court Statewide.
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Tags: Joint Petition For Paternity Custody Visitation And Or Child Support, CAO 13-3, Idaho Statewide, District Court
Completing Form CAO 13-3: Agreed Petition for Custody (Revised 2/2005)
If child support was established by the Department of Health & Welfare in the same county as
the county where you will file your Petition for Custody, you should file your documents in that
same case. Forms to join in that case as a party are available at the Court Assistance Office. If
the State of Idaho Department of Health and Welfare has filed a case to establish a Child Support
Order, you need to serve a copy of the Petition upon the Department of Health & Welfare.
Talk to an attorney, if possible.
WARNING: When you represent yourself in a court case you are held to the same standard as
an attorney. This applies to your preparation of paperwork and your conduct at all hearings
and/or trial. Your lack of legal knowledge may cause you to make serious errors in handling
your case. These instructions are not a substitute for legal advice. The laws and court rules are
complex and following these instructions will not guarantee that your rights are protected or
that you will be satisfied with the result. You should always talk to a lawyer about your legal
problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your
case, you may be able to find a lawyer to review your paperwork or give you more information
about your rights. Call the Idaho State Bar (208-334-4500) to provide you with the name of an
attorney who handles this type of case. Contact the Court Assistance Office for information
about resources for low-income people.
YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE
COMPLAINT, KNOW WHAT IT SAYS, AND BELIEVE IT’S TRUE. TO GUARANTEE
THE TRUTHFULNESS OF THAT STATEMENT, BE SURE TO READ THE ENTIRE
COMPLETED FORM.
Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a
computer, you may delete the optional sections you don’t need and renumber the remaining
sections, or type in “none” if a section doesn’t apply. The documents have a boldface “or” at the
start of optional sections. If the section does not contain a boldface “or” it is necessary and you
should type in the appropriate information (which might be the word “none”). Always keep a
copy of the completed form for your records.
At the top left-hand corner of page 1, fill in your full legal name, mailing address and
telephone number.
The Court Heading. Fill in the county and judicial district in capital letters (for example, “IN
THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, IN AND FOR THE
COUNTY OF ELMORE”).
The Caption. Fill in your full legal names (In re the Child/ren of: John Doe and Mary Doe,
Petitioners”).
The Name of the Document. Check the boxes to indicate the orders you want.
The Case No. If this is a new case, the case number will be assigned by court personnel when
you file the Petition. If you are filing in an existing case, use that case number. You should
write in the case number on all other documents.
The Court Heading, Caption and Case Number will be the same on all other documents you
prepare for this case.
AGREED PETITION FOR CUSTODY
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1. Minor Child/ren of the Petitioners. Fill in the name and date of birth for each minor child
and the city and state where each child has lived for the last five years. WARNING: If any of
your children have not resided in Idaho for at least six uninterrupted months before the filing of
the Petition (or for their entire lives if they are less than six months of age), the Idaho court may
lack authority (“jurisdiction”) to determine custody of that child. In that event you should talk to
an attorney to determine if there may be other grounds for jurisdiction under Idaho’s laws.
2. Jurisdiction/Paternity.
• Check the first box if paternity has NOT been established. Do not check the box if there is
an Order signed by a Judge stating the Father is the father of your child/ren. (The order may
be called an Order of Filiation or a Paternity Order.) Do not check the box if there is a
Voluntary Acknowledgment of Paternity, signed by both parents, which has been filed with
the Bureau of Vital Statistics, stating you are the parents of the child/ren.
o Write father’s full legal name in the blank and
o Check all boxes that are true in your situation.
or
If there is an Order of Filiation or Paternity Order, check the box for that paragraph and
• Make a copy of the Order to attach (staple) to the Petition.
or
If there is a Voluntary Acknowledgment of Paternity, check the box for that paragraph and
• Make a copy of the Voluntary Acknowledgment of Paternity to attach (staple) to the Petition.
A copy of the Voluntary Acknowledgment of Paternity should be filed with the Bureau of
Vital Statistics in the state where the child was born, or the local office for Child Support
Services may have a copy if the Department of Health & Welfare has filed a child support
action.
3. Residence of Petitioners. Write in the residence of each parent (city, county and state).
4. You do not need to fill in anything.
5. UCCJEA Jurisdiction. This is your statement that each child has resided in Idaho for at
least the past 6 uninterrupted months. Additionally, you are required to inform the court if there
have been any other cases involving your child/ren in any other court, or if there are any other
people claiming custody or visitation rights with the child/ren.
In paragraphs 5a, b, c and d, provide all requested information or write “none”
6. Legal Custody. “Joint legal custody” means the parents are required to share the decisionmaking rights, responsibilities and authority relating to the health, education and general
welfare of the child/ren. The court will award joint legal custody unless you can prove it would
not be in the best interest of the minor child/ren for the other parent to share the decisionmaking rights.
• Check the first box if both parents are fit persons to share the decision-making rights,
responsibilities and authority relating to the health, education and general welfare of the
child/ren. or
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•
Check the second box if one parent should have sole legal custody of the child/ren, and
o Fill in the blank to indicate which parent will be given sole legal custody.
7. Physical Custody. "Joint physical custody" means each parent has frequent and continuing
contact with the child/ren. With joint physical custody each parent has significant periods of
time in which a child resides with or is under his/her care and supervision. The parenting time
is not necessarily 50/50, and the child/ren does not necessarily alternate back and forth between
the parents. The court will award joint physical custody unless you can prove it would not be in
the best interest of the minor child/ren to spend time with each parent on a regular basis.
• Check the first box if both parents are to be awarded physical custody of the child/ren and
o Attach (staple) a copy of the same Parenting Plan you attached to your Petition, marked
Exhibit A.
IMPORTANT: The Parenting Plan must be attached to make it a part of the Order
for Custody. or
• Check the second box if physical custody of the child/ren will be awarded to only one parent,
and
o Write the name of the parent in the blank who will have sole physical custody.
o Check the box if the other parent will have time with the child/ren
o Write in the parent’s name and
o Write in the terms and conditions of the other parent’s time with the child/ren.
8. Child Support.
If there is already an order signed by a judge, for example in a case filed by the Department of
Health & Welfare, that sets the correct amount of child support, and there has been no change in
circumstances that would require the child support amount to be changed, check the first box.
• Make a copy of that Order, mark it as Exhibit B and attach (staple) it to this Complaint.
WARNING: You should be aware that jurisdiction as to child support is a complicated issue
and you should seek the advice of an attorney with respect to continuing jurisdiction and
venue if the child support order was issued in a different county than the one where you will
be filing the Petition for Custody.
If there is already a Child Support Order and a change in circumstances will cause the child
support amount to be changed, also check the box to select the next paragraph and
• Check each box that is true in your situation and/or describe the change on the blank line.
If there is NOT a child support order, check the second box.
You will first need to complete an Affidavit Verifying Income and a Child Support Worksheet. A
Court Assistance Officer will be able to help you generate these documents if you provide the
required information. The Child Support Worksheet will be used to complete this section.
• Write in the name of the parent who will pay child support and the total monthly amount (the
base amount of support plus or minus any adjustments). Adjustments may include a pro rata
sharing of work-related childcare, medical, dental, and/or optical insurance premiums, and/or
tax benefits. Note: Section 8 of the Idaho Child Support Guidelines addresses these
adjustments.
o Fill in the Base Amount of child support.
o Check the appropriate boxes and fill in the amount of any adjustments.
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•
•
If you have more than one minor child, check the box. You will need to have a separate
calculation to reflect the changed amount of support as each child is no longer eligible for
support under Idaho law. Fill in the total amount of child support, as calculated according to
the Idaho Child Support Guidelines.
Attach (staple) your Affidavit Verifying Income and Support Worksheet(s) to the Complaint,
marking each as Exhibit B.
Extended Visits. If the child/ren lives in the home of one parent at least 75% of the time, you
can adopt either or both of the next two paragraphs of the form. If the child/ren spends more
than 25% of the overnights in a year with each parent (shared physical custody), put N/A in the
boxes. Note: Section 10(e) of the Idaho Child Support Guidelines, Rule 6(c)(6) of the Idaho
Rules of Civil Procedure, describe “Shared Physical Custody” and computation of child support
with that parenting arrangement. You can get a copy of the Child Support Guidelines from a
Court Assistance Office or the Internet at http://www.isc.idaho.gov/icsg_cov.htm.
• If you selected the first paragraph, indicate how much the support payment will be reduced
by either checking the box for 50% or filling in your own percentage.
• If you have more than one child, check the box to select the next paragraph.
WARNING: If you are the parent paying child support (the “obligor”) you should be aware the
Order will provide for collection of child support from your wages and from your real estate or
personal property. The Order will also provide that if you move to another state, the child
support can be enforced directly by courts in other states. Additionally, you should be aware
that, according to Idaho law, if unpaid child support equals or exceeds the total support owing
for ninety (90) days or the sum of $2,000, whichever is less, you are subject to suspension of any
license to practice or engage in any business, occupation or profession, operate a motor vehicle,
carry a concealed weapon, or engage in any recreational activity, including hunting or fishing.
Further, the State Tax Commission will withhold and set-off any state tax refund to collect any
unpaid child support, or unpaid spousal support, and the Idaho State Lottery will likewise
withhold and set-off a prize of a lottery prize-winner.
9. Medical Insurance. Check the first, second or third box to indicate how health insurance
coverage for the child/ren is now being provided. If you selected the first paragraph, write in the
name of the parent(s) currently providing health insurance.
In the fourth paragraph write in the percentage to be paid by each parent, based on each
of your Guidelines income percentage. (These percentages are determined when calculating the
child support. Refer to the Child Support Worksheet).
WARNING: The Order will provide: Failure to provide medical insurance coverage may result
in the direct enforcement of a medical support order by either the obligee (party or parent other
than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren)
or the Department of Health and Welfare. A national medical support notice will be sent to your
employer, requiring your employer to enroll the child in a health benefit plan as provided by
Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department.
10. Health Care Costs Not Paid by Insurance. Write in the percentage to be paid by each
parent, based on their Guidelines income.
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11. Work-Related Child Care Costs. Check the box. If you did not figure these expenses in
your child support calculation:
• Fill in the percentages each parent will pay.
• Check the box if both parents will pay the care provider directly.
12. Income Tax Exemption. Write in the blank the parent who will claim each child as a
dependent on their income tax return(s). Note: The child support calculation must reflect the
same designation.
13. Name Change. If you want to have the last name of your child/ren changed and/or want to
have your child/ren’s birth certificate(s) changed, the Bureau of Vital Statistics in the state where
your child/ren was born will require a court order.
• If you want a court order to change the last name of your child/ren, check the box and
• Write in the last name. (Accurate spelling is very important.)
• If you want the court to order that your child/ren’s last name be changed on the child/ren’s
birth certificate, check the box.
14. Amend Birth Certificate. If your child/ren’s birth certificate(s) do/es not include the name
of the father the Bureau of Vital Statistics in the state where your child/ren was/were born will
require a court order to add the father’s name to the birth certificate(s).
• Write in father’s full legal name as it should appear on the child/ren’s birth certificate.
15. Joinder, Waiver, Competency, and Military Status. If either parent is currently on active
duty in the military, check the box in the second paragraph and fill in the name of the parent.
Signatures: Leave the spaces for the State and County blank. Go to an office where there’s a
Notary. Have the notary fill in the spaces. Sign the Joint Petition in front of the Notary and have
your signatures notarized.
Exhibits: Before attaching the Exhibits to the Petition make an extra copy of the ones you will
use with the Order for Custody.
Attach (staple) Exhibits to the Motion with a staple. Make additional copies of the Petition with
Exhibits attached (stapled) so there is a copy for each party. Take the original and copies to the
clerk of the court for filing and conforming.
Remove these instructions before filing!
AGREED PETITION FOR CUSTODY
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Full Name of Father
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone Number
Full Name of Mother
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE
JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF
In Re the Child/ren of:
Case No. ___________________________
_____________________________________,
Father,
and
_____________________________________,
Mother,
Petitioners.
JOINT PETITION FOR [ ] PATERNITY
[ ] CUSTODY, VISITATION
[ ] CHILD SUPPORT
Fee Category: ___________
Filing Fee: $______________
The Petitioners come before this Court and petition and stipulate as follows:
1. Minor Child/ren of the Petitioners. The following child/ren, who is under the age of
eighteen (18) years, or nineteen (19) years and still pursuing a high school education, was born
to the Petitioners:
Name
Date of Birth
Addresses for last 5 years (city & state)
(Beginning with most recent place)
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Name
Date of Birth
Addresses for last 5 years
2. Jurisdiction/Paternity. Pursuant to Idaho Code Section 7-1102, the Idaho court has
jurisdiction to establish paternity, order support and determine custody in this matter.
[
] The court should enter an order that (name of father)
_________________________
______________________ is the natural father of the child/ren named in paragraph 1 of this
Petition. This court has jurisdiction to establish paternity because (check all boxes that apply):
[
] The father resides in Idaho.
[
] The father resided with the parties’ child/ren in Idaho.
[
] The parties’ child/ren resides in Idaho as a result of the acts or directives of the
father.
[
] Although the father resides outside of the State of Idaho, the parties’ child/ren
was/were conceived in Idaho.
or
[
] Paternity has been established by an Order of Filiation, a copy of which is
attached to this Petition. or
[
] A verified Voluntary Acknowledgement of Paternity for the child/ren, signed by
both parents, was filed with the Vital Statistics Unit of the Department of Health and Welfare
more than 60 days ago and has not been rescinded. A copy of the Voluntary Acknowledgment
of Paternity for each child is attached to this Petition and made a part hereof.
3. Residence of the Petitioners. Father resides at (city, county, state) _______________
_________________________________. Mother resides at (city, county, state) ______________
_________________________________.
4. Marital Status. The Petitioners are not now and have not been married to each
other.
5. UCCJEA Jurisdiciton. This court has jurisdiction to determine custody of our
child/ren pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code
§ 32-11-101, et seq., because each child has resided in Idaho for at least six consecutive
months before the filing of this Petition or for the child’s entire life if s/he is less than six months
of age.
AGREED PETITION FOR CUSTODY
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a. [
] Neither parent has participated as a party or witness, in any other case
involving our child/ren. or
[
] I/we have participated as a party or witness in the following case involving our
children (provide all specifics including the parent’s name, the state, the court, the case number and the date of the
child custody order, if any):
.
b. [
[
] Neither parent knows of any other case that could affect our child/ren. or
] I/we know of the following court case that could affect our child/ren (provide all
specifics including the parent’s name, the state, the court, the case number and the nature of the proceeding):
.
c. [
] Other than the two of us, no one claims custody or visitation rights with our
child/ren. or
[
] In addition to the parents, the following person/s claim custody or visitation for our
child/ren (list names and addresses):
.
d. [
[
] Our child/ren live(s) only with both parents. or
] If our child/ren lives(s) with someone other than a parent, the name(s) and present
address(es) of the person(s) with whom our child/ren live(s) is/are:
.
6. Legal Custody.
[
] Both Petitioners are fit persons to act as parents. It is in the best interest of our
child/ren that we be awarded joint legal custody.
or
[
] It is in the best interest of our child/ren that ________________________ be
awarded sole legal custody because _______________________________________________
____________________________________________________________________________
____________________________________________________________________________
___________________________________________________________________________.
7. Physical Custody.
[
] It is in the best interest of our child/ren that we be awarded joint physical custody
of our child/ren on the terms and according to the Parenting Plan, which is attached as Exhibit
A. or
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[
] _________________________ should be awarded sole physical custody of our
child/ren because _____________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[
]____________________________ should spend time with our child/ren as
follows:
____________________________________________________________________________
____________________________________________________________________________
___________________________________________________________________________.
or
[
] in accordance with the Parenting Plan which is attached as Exhibit A.
8. Child Support.
[
] Child support has already been set, as shown by the attached Order, Exhibit B.
[
] Because there has been a substantial and material change in circumstances
since the date of that order, the amount of child support should be changed. The following
changes have occurred (check all boxes that apply):
[
[
[
[
[
] The custodial arrangement.
] The gross annual income of one or both parents.
] A parent is providing medical insurance.
] The parent claiming the tax dependency exemption should be changed.
] (other reason)
and/or
[
] Child support should be paid by __________________________ in the total
amount of $______________ per month based on the Idaho Child Support Guidelines,
according to the Affidavit Verifying Income and child support worksheet(s) attached as Exhibit
B. The total amount includes: Base child support in the amount of:
$_________
[
[
[
] Work-related childcare expenses
$_________
] Medical, dental, and/or optical insurance premiums allocated in the amount of:$_________
] Tax benefits allocated in the amount of:
$_________
Child support payments should begin on the twentieth (20th) day of the month after the
Order for Custody is signed and continue to be paid on the 20th day of each following month
until the child/ren for whom support is being paid reach/es the age of eighteen. If a child for
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whom support is being paid continues his/her high school education after reaching the age of
eighteen (18) years, child support payments should continue until the child discontinues his/her
high school education or reaches the age of nineteen (19) years, whichever is sooner. Payment
should be made payable to the Department of Health and Welfare and sent to Idaho Child
Support Receipting, P.O. Box 70008, Boise, ID 83707-0108.
[
] We have more than one minor child. If this Child Support Order has not been
modified, when one child is no longer entitled to support, child support for the remaining
child/ren should continue in the total amount of $___________ per month; when two children
are no longer entitled to support, child support for the remaining child/ren should continue in the
total amount of $____________ per month; when three children are no longer entitled to
support, child support for the remaining child should continue in the total amount of
$____________ per month.
[
] Extended Visits: Our child/ren live/s in the home of one parent at least 75% of the
time.
[
] When the parent paying child support has physical custody of the child/ren
for 14 or more overnights in a row, the amount of base child support should be
reduced for that period of time; however, visitation of two overnights or less with the
other parent should not eliminate the reduction of base child support during
extended visits. The child support reduction for the period of the actual physical
custody should be [ ] 50% or [ ]_______% of the base child support obligation.
The reduction should be subtracted from the child support payment due the next
month.
[
] If the parent paying child support has physical custody of some but not all of
the children for a period of 14 overnights in a row, before a reduction is made, the
base child support obligation should first be divided by the number of children
under 18 years of age. The reduction for the paying parent should only apply to the
base child support thus allocated to the children in that parent's custody.
(Example: Parent has 3 of 4 children for 14 overnights. $300/mo. base support payment divided by 4
children = $75 per child per month divided by 30 = $2.50 per day per child x 14 = $35.00 x 3 for 3 children =
$105.00. Reduction = 50% of $105 or $52.50.)
NOTICES
According to Chapter 12, Title 32, Idaho Code, this Child Support Order is
immediately enforceable through income withholding. Income withholding shall be
enforced by a Withholding Order issued to the paying parent’s employer without
additional notice to the paying parent. A statewide lien on all real and personal
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property of the paying parent will arise automatically if child support is past due in an
amount equal to the smaller of $2,000 or 90 days of support, according to Idaho
Code §§7-1206 and 45-1901, et.seq.
The Support Order can also be enforced by license suspension.
9. Medical Insurance.
[
]
is/are currently providing health
insurance for our child/ren and should continue to do so, so long as it is reasonably available
through that parent’s employment. If such insurance becomes unavailable to the parent
currently providing insurance, the parent first reasonably able to obtain group health insurance
through employment should do so. or
[
] Neither parent is currently providing health insurance for the child/ren. The
parent first reasonably able to obtain group health insurance through employment should do so.
or
[
] The child/ren participate in the Children’s Health Insurance Program. The parent
first reasonably able to obtain group health insurance through employment should do so.
[
] The total child support amount does not include any actual cost paid by either
parent for health insurance premiums for the child/ren. That cost, whether being paid now or
incurred in the future, should be prorated between the parents in proportion to their Guidelines
income. Father should pay ______ % and Mother should pay _______ %. The payment
should be in addition to the base child support award and promptly paid directly between the
parents.
Where medical insurance is provided, each parent should be ordered to provide the
other with all medical insurance information necessary to obtain health care and process
insurance claims for the child/ren. Insurance proceeds should be applied first to unpaid medical
bills and then to reimburse the paying parent for any prepaid medical costs. Both parents
should be ordered to sign any needed document that provides continuing health care for the
child/ren.
Notice
Failure to provide medical insurance coverage may result in the direct enforcement of a
medical support order by either the obligee (party or parent other than the parent ordered to
carry or provide a health benefit plan for the parties' minor child/ren) or the Department of
Health and Welfare. A national medical support notice will be sent to your employer, requiring
your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A
through 32-1214J, Idaho Code, and applicable rules of the department.
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10. Health Care Costs. The actual cost paid by either parent for health care expenses
for the child/ren not covered or paid in full by insurance, including, but not limited to,
orthodontic, optical and dental, should be prorated between the parents. Father should pay
______ % and Mother should pay _______ %. These payments should be in addition to the
base child support award and be promptly paid directly between the parents.
Any health care for the child/ren (whether denominated as psychiatric, psychological,
special education, addiction treatment, or counseling in any form, and including regular medical
or dental care), whether or not covered by insurance, that would result in an actual out-ofpocket expense of over $500 to the parent who did not incur or consent to the expense, must be
approved in advance, in writing, by both parents or by prior court order. (Note: The court may
consider whether consent for out-of-pocket expenses in excess of $500 was unreasonably
requested or withheld and order payment of the incurred expense in some percentage other
than the Guidelines Income.)
11. [
] Work-Related Child Care Costs. The total child support amount does not
include work-related child care costs. The actual net out-of-pocket costs for work-related child
care should be paid ______% by Father and _____% by Mother.
[
] Payment should be made directly to the child care provider by both parents
according to arrangements made with the care provider. If one parent pays the child care
provider any portion of the other parent’s share of costs, the non-paying parent should
reimburse the paying parent within 10 days after the paying parent provides a copy of the
invoice and receipt for the payment.
12. Income Tax Exemption. The state and federal dependency tax exemption(s) for the
Petitioners’ minor child/ren should be assigned as follows: _______________________________
____________________________________________________________________________
_____________________________________________________________________________.
The parent not receiving the exemption(s) should sign the required Internal Revenue Service
form(s) to release the claim to the exemption(s).
13. [
] Name Change. The last name of our child/ren named in paragraph 1
should be changed to __________________________. [
] The Bureau of Vital Statistics
should amend the birth certificate(s) of our child/ren named in paragraph 1 to reflect that name.
14. Amend Birth Certificate. The Bureau of Vital Statistics should amend the birth
certificate(s) of our child/ren named in paragraph 1 to add father’s name: _________________
____________________________________.
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VERIFICATION: We swear to have read this Petition and state that all facts included are true
WHEREFORE, Petitioners pray for judgment as requested above.
Date: _______________, 20____.
___________________________________
Father’s Signature
SUBSCRIBED AND SWORN to before me this ________day of ____________,
20____.
___________________________________
Notary Public for Idaho
Residing at: _________________________
Commission Expires:__________________
Date: _______________, 20____.
___________________________________
Mother’s Signature
SUBSCRIBED AND SWORN to before me this ________day of ____________,
20____.
___________________________________
Notary Public for Idaho
Residing at: _________________________
Commission Expires:__________________
AGREED PETITION FOR CUSTODY
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REMOVE THIS PAGE AND ATTACH
A COPY OF THE ORDER OF FILIATION, IF ANY
OR
A COPY OF THE ACKNOWLEDGMENT OF PATERNITY, IF ANY.
“EXHIBIT A” the PARENTING PLAN
“EXHIBIT B” the
CHILD SUPPORT ORDER FROM OTHER CASE, if any
or
AFFIDAVIT VERIFYING INCOME
and
CHILD SUPPORT WORKSHEET(s)
AGREED PETITION FOR CUSTODY
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