Default Custody Orders in Idaho: What Happens When the Other Parent Doesn't Respond

When the Other Parent Doesn't Respond

After you file a custody petition and properly serve the other parent, they have 21 days to file a written response with the court. If they don't file anything within that window, the case enters default territory — the court can proceed without their participation.

A default is not automatic. The responding parent's failure to answer gives you the right to apply for a default, but you must take affirmative steps to request it. If you serve the other parent and then simply wait, nothing happens. The case sits dormant until someone acts.

The Default Timeline

Day 0: You serve the other parent with your custody petition and summons.

Day 21: The response deadline expires. If no response has been filed, you can proceed to the next step.

Day 22 and beyond: You file a Motion and Affidavit for Entry of Default with the court clerk, certifying that the other parent was properly served and has not filed a response within the statutory period.

After default is entered: You file your proposed decree, parenting plan, and child support worksheets for the judge's review. Even in a default case, the judge reviews the proposed custody arrangement and child support calculations to ensure they comply with Idaho law and serve the child's best interests. The court doesn't simply rubber-stamp whatever the petitioner requests.

What the Judge Can and Cannot Order by Default

A default custody order eliminates the other parent's right to contest the proceedings, but it doesn't eliminate the court's obligation to apply the law correctly.

The court will evaluate the parenting plan. Even without the other parent's input, the judge must determine whether the proposed custody arrangement — legal custody, physical custody, parenting-time schedule — satisfies the best-interest factors under Idaho Code § 32-717(1). If the plan is unreasonable on its face (for example, requesting that the other parent have zero contact without any evidence supporting that restriction), the judge may modify it before signing.

Child support must follow the guidelines. The court applies the standard IRFLP Rule 120 child support calculation regardless of whether the case proceeds by default. You'll still need to submit accurate income information and child support worksheets. If the other parent's income is unknown, you may need to provide estimates based on known employment or impute income based on earning capacity.

The "Focus on Children" requirement still applies. You must still complete the mandatory co-parenting class. The other parent's failure to complete the course should not prevent the court from entering default or default judgment, although that parent remains required to attend and the court may enforce the obligation.

Why Parents Don't Respond

Not every failure to respond is deliberate avoidance. Some common reasons include:

• Inadequate service of process. If the other parent wasn't actually served properly (wrong address or service that did not comply with Idaho's permitted personal, abode, or authorized-agent methods), the default may be challengeable. Proper service is your responsibility, and any deficiency in service can unravel a default order months or years later.
• Procrastination or denial. Some parents receive the papers and simply don't act, either because they don't understand the consequences of not responding or because they're hoping the situation will resolve itself.
• Unable to afford the filing fee. The respondent's filing fee is $136. Parents who can't afford this fee can file for a fee waiver, but they may not know that option exists.
• Incarceration or military deployment. Service members and incarcerated individuals have special protections that may extend response deadlines.

Setting Aside a Default

A default order is not necessarily permanent. An entry of default can be set aside for good cause under Idaho Rule of Family Law Procedure 303; relief from a default judgment is governed by IRFLP Rule 805. The parent seeking relief generally needs to show:

Good cause or another Rule 805 basis. For an entry of default, Rule 303 requires good cause. Rule 805 lists grounds for relief from a default judgment, including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, misconduct, a void judgment, or another reason that justifies relief. Facts such as deployment, hospitalization, or failure to receive service may be relevant, depending on the applicable ground and circumstances.

Timeliness. A Rule 805 motion generally must be filed within a reasonable time; motions based on mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud, misrepresentation, or misconduct must be filed no more than six months after entry.

If the court sets aside the default, the case essentially restarts as a contested matter — the other parent files their response, mandatory disclosures begin, and the case proceeds through mediation and potentially to trial.

Protecting Your Default Order

If you've obtained a default custody order and want it to remain in place, proper documentation of service is your best protection. Use a process server, the county sheriff, or another person over 18 who is not a party and can complete service under Rule 204, and make sure the required proof of service is filed with the court. Keep copies of everything you filed and the proof that the other parent received it.

If you're navigating a custody situation where the other parent is unresponsive and you need to understand the default process, our Idaho Child Custody & Parenting Plan Guide walks through the petition-to-decree timeline step by step, including the specific forms and filings required to obtain a default custody order.

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