Divorce Guide

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Montana Divorce Custody


Montana divorce custody laws are similar to the laws that are applicable in other states of USA. As is the case with other states, certain factors are considered in the state of Montana before awarding child custody. They have been enumerated below:
  • In all conditions of child custody in divorce, the best interests of the child are kept in mind. All measures are taken during custody so that the welfare, safety and security of the child are ensured.

  • The actual emotional, social, educational and religious needs of the child are determined by Montana courts. The parent who bonds well with the child and thus, is a major emotional support to the child generally gets the custody of the child.

  • The wishes of the child and the parents’ regarding child care are also analyzed by the courts.

  • Montana courts dealing with child custody in divorce cases try to look into any police records for child abuse or child neglect or physical domestic violence where the child is a victim or is a witness. In such a scenario, the presence of the guilty parent can be extremely detrimental to the child and such a parent, obviously does not get the custody of the child.

  • Courts in the state of Montana also try to determine if any of the parents has chemical dependency or has indulged in chemical abuse. Child custody matter gets more complicated in such cases where the non-guilty parent gets the custody of the child.

  • Court also assesses the mental and physical capability of a parent in raising the child. If a parent proves in the court that the other divorced spouse is physically unfit or has some mental ailment, then the plaintiff parent is likely to get the custody of the child.

  • The parent who offers a stable community to the child even after the divorce (preferable what the child has been used to), is likely to get the custody of the child.

  • Montana courts may grant physical custody of the child to one parent while awarding visitation rights to the other. The parent, who is most likely to respect the parental plan, visitation schedule and does not intend to alienate the child from the other parent, is preferred in child custody cases.

  • According to Montana divorce custody laws, the custodial parent needs to provide information regarding change in residence with detailed address to the other parent, if he/she is moving out with the child and relocating elsewhere. This information is to be provided 30 days in advance.

  • Courts expect both the parents to formulate a sound parenting plan for the welfare of the child. That plan must include how the time-sharing of the child’s weekends, vacations; day-to-day schedule can include both the parents so that they can provide the best care to the child even after a divorce. If the divorced parents are unable to arrive at an agreement regarding parental plan, then they are asked to involve a legal professional mediator. That person can help both the parents in drafting out the parental plan where the best interests of the child are taken care of.


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