Overholser (Taylor) v. Overholser

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A mother placed her twelve-year-old son in the care of his grandparents on a full time basis in August 2017. Three months later the father petitioned the magistrate court to modify custody to grant him residential custody of his son. Although both Mother and Grandparents petitioned the court to give Grandparents residential custody, the magistrate court, during a hearing on father’s motion for temporary custody, determined that Grandparents did not have standing. Ruling from the bench, the magistrate court determined that Idaho Code section 32-717(3) on its face violated the father’s constitutional rights because it placed Grandparents on the same footing as parents. The magistrate court also reasoned that the more specific time requirements set forth in the De Facto Custodian Act, Idaho Code sections 32-1701–32- 1705 governed. On a motion for reconsideration, the magistrate court, pursuant to Hernandez v. Hernandez, 265 P.3d 495 (2011), decided that Grandparents likely could not meet the requirements of Idaho Code section 32- 717(3), reasoning that “[t]he court doubts that a short period of residence pursuant to an impermanent permission by one parent is a ‘stable relationship.’” Mother and Grandparents appealed the magistrate court’s decision to the Idaho Supreme Court, arguing the magistrate court’s decision was contrary to the Supreme Court’s decision in Hernandez. The Supreme Court agreed and vacated the magistrate’s order denying standing. The Court remanded with instructions to determine whether Child was living with Grandparents at the time they petitioned the court and whether a stable relationship existed between them. If yes, the Grandparents should be allowed to participate in the custody determination within the boundaries set forth in Hernandez. View "Overholser (Taylor) v. Overholser" on Justia Law