Child Custody Laws in Montana

Montana uses parenting plans decided by the child's best interest. Factors include the parents' wishes; the child's wishes; the child's relationships with parents, siblings and others; adjustment to home, school and community; the health of everyone involved; physical abuse or threats; chemical dependency or abuse; continuity and stability of care; developmental needs; knowing failure to pay birth costs or support; and adverse effects of repeated, vexatious plan changes. Frequent and continuing contact with both parents is considered in the child's best interest unless the court finds, after a hearing, that contact with a parent would be harmful. A parent's military service alone cannot decide the case. Each parent (or both jointly) must submit a proposed final parenting plan. No specific age is set for the child's wishes.

A party asking for an interim parenting plan can ask the court for an ex parte temporary order on the child's living arrangements. The request must be supported by an affidavit showing either that no parenting plan has been ordered and the proposed arrangement is in the child's best interest, or that an emergency in the child's present environment endangers the child's physical, mental or emotional health and an immediate change is needed to protect the child. If the court agrees, it orders the proposed interim plan and requires all parties to appear within 21 days to show cause why it should not stay in effect.

No statewide parenting class requirement was found in the statutes reviewed. The district court may require the parties to mediate at any time, and either party may ask for mediation. The court may not allow mediation to continue if it suspects physical, sexual or emotional abuse of a party or child, unless each party gives written, informed consent.