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Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.

In Montana, the court system uses parenting plans to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.

Here are some other things to know about agreements and plans in Montana: In every child custody case, parents are required to submit, either jointly or individually, a proposed parenting plan for the allocation of parental functions.

There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.

A question that comes up over and over is about moving with kids. In Montana, just because a child lives primarily with one parent, does not give that primary parent an automatic to move. The parent who desires to move with the child must seek permission from the Court.

A question that often comes up in a custody case is, at what age can a child decide with which parent they want to live? As most family law attorneys will tell you, legally, the age when a child can decide is 18. At this age they are no longer a child and subject to a custody action.