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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.

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.

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.

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.