Erase In Legal Montana Family Law Forms For Free

A parent can lose their parental rights because of abuse and/or neglect. The State can terminate parental rights as part of a Dependency Neglect (DN) case in which there is abuse and/or neglect of a child. You can read the law for yourself at Montana Code Annotated (M.C.A.) § 41-3-422.

In the context of parental unfitness, the court would consider the physical and mental health of the parents, their ability to provide a stable and safe home environment, whether there was abuse or domestic violence in the home, and whether there was drug or alcohol abuse, among other things.

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.

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.

In Montana, sole physical custody is given to the parent with whom the children spend the most time with. Montana shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children.