Idaho Statutes Title 32. Domestic Relations § 32-1703. De facto custodians

(a) Is related to a child within the third degree of consanguinity; and

(b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:

(c) For purposes of the definition in this section, “lack of demonstrated consistent participation” by a parent means refusal or failure to comply with the duties imposed upon the parent by the parent-child relationship. When determining a “lack of demonstrated consistent participation,” the court may consider parent involvement in providing the child necessary food, clothing, shelter, health care and education and in creating a nurturing and consistent relationship for the child's physical, mental or emotional health and development.

(a) The child was placed in the individual's care through a court order or voluntary placement agreement under title 16, Idaho Code; or

(b) The individual is or was cohabiting with, or is or was married to, a parent of the child.