Redact Legal Montana Family Law Forms For Free

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.

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.

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 parent is required to give the other parent 30 days written notice before making any move that will "significantly affect" the other parent's contact with the children (M.C.A. § 40-4-217). You must give notice by certified mail or personal service, and you must file proof of service with 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.

Father's Rights to Child Custody and Visitation The child's health and safety. The child's emotional needs. Financial support to be provided by the parents. The parents' ability and willingness to raise and care for the child.