Edit Legal Montana Family Law Forms For Free

(1) The court may in its discretion amend a prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown to the court at the time of entry of the prior plan, that a change has occurred in the circumstances of the child and that the amendment is necessary to serve ...

Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.

Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.

The Agreed Amended Parenting Plan outlines the new parenting schedule that you and the other parent have agreed on. Note: Use these instructions and forms to make changes to your Parenting Plan. These instructions and forms may not be right for your case. They can not take the place of advice from a lawyer.

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.

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.