Hiring a Child Custody Lawyer in Montana
How courts in Montana decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Montana: fee rules
| Rules on contingency fees | Under Montana Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; the litigation and other expenses deducted from the recovery; and whether expenses come out before or after the fee is calculated. It must clearly tell the client about any expenses the client owes whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the amount paid to the client and how it was figured. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the scope and basis or rate of fees to be communicated in writing, except where total cost is reasonably foreseeable to be $500 or less. |
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| If you disagree with a lawyer's bill | The State Bar of Montana runs a fee arbitration program for disputes over fees and costs paid, charged or claimed by lawyers practicing in Montana. To start, both an Arbitration Agreement and a Petition for Arbitration must be completed and returned; the Rules on Fee Arbitration are posted on the page. Fee arbitration is not for negligence, malpractice or ethics complaints, which go to the Office of Disciplinary Counsel or a court. |
| If a lawyer takes your money | The State Bar of Montana's Lawyers' Fund for Client Protection reimburses losses caused by dishonest conduct or mishandling of funds by a Montana lawyer within an attorney-client relationship; it does not cover negligence or malpractice. The claimant must have made a reasonable attempt to recover the money from the lawyer, and conditions such as the lawyer's death, incompetency, criminal conviction, disbarment or suspension apply. No fixed maximum is stated; the amount depends on factors including the Fund's balance, and partial awards may be made. Apply with the Lawyers Fund Application on the page; a lawyer is not needed to file a claim. |
Montana rules to know first
| How custody is decided | 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. |
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| Emergency custody | 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. Source: Mont. Code Ann. § 40-4-220 |
| Parenting classes | 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. Source: Mont. Code Ann. § 40-4-301 |
| Grandparents' rights | A district court may grant a grandparent reasonable contact with a grandchild. If a parent objects, the court must first decide after a hearing whether that parent is fit, based on whether the parent adequately cares for the child. Over a fit parent's objection, contact may be granted only on clear and convincing evidence that it is in the child's best interest and that the presumption in favor of the parent's wishes has been rebutted; over an unfit parent's objection, clear and convincing evidence of best interest is required. A grandparent may petition no more than once every 2 years unless circumstances change significantly, and these rights end if the child is adopted by someone other than a stepparent or grandparent. Source: Mont. Code Ann. § 40-9-102 |
Find and check a lawyer
| Lawyer referral service | The State Bar of Montana provides a lawyer referral service called Licensed Lawyer Montana, free of charge to the public. Only attorneys who opt to include their information and maintain malpractice insurance are part of the program; the State Bar does not recommend specific attorneys or make general referrals outside this service. |
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| Check that the lawyer is licensed | The State Bar of Montana, which licenses and keeps the roll of Montana lawyers, publishes an Attorney Directory on its website. The Montana Office of Disciplinary Counsel says to contact the State Bar of Montana for a lawyer's license status or current contact information. |
| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC), set up by the Montana Supreme Court, takes and investigates grievances against Montana lawyers; the Commission on Practice hears complaints and can recommend discipline to the Supreme Court. To file, mail the Grievance Cover Sheet with a signed, detailed written explanation and copies (not originals) of supporting documents to Office of Disciplinary Counsel, P.O. Box 1099, Helena, MT 59624-1099; grievances are not accepted through the website contact form. ODC publishes a list of publicly disciplined Montana lawyers (excluding private discipline), and public orders can be searched on the Montana Supreme Court Public View Docket. Phone: (406) 442-1648. Public discipline list: https://montanaodc.org/attorney-discipline |
Free legal help
| Free legal aid | Montana Legal Services Association (MLSA) provides free civil legal services to low-income Montanans. Apply online or call the HelpLine at 1-800-666-6899 (Tuesday through Thursday, 9:00 am to 1:00 pm); applicants generally hear back in 3-5 business days. The Montana Supreme Court's Court Help Program is a free service that gives legal information (not legal advice) to people with civil legal problems who cannot afford or choose not to hire an attorney, through local centers. The Legal Services Corporation (LSC) lists Montana Legal Services Association as the LSC-funded grantee in the state. Court Help Program: https://courts.mt.gov/selfhelp/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.