Monday, September 26, 2011

How is parenting time decided in Montana?

In Montana, courts decide parenting arrangements based on the "best interests of the child." 
How does the court determine what is in the best interests of the child?  Some of the of factors the court will consider are:

1. The wishes of the parents

2. The wishes of the child (dependent on age)

3. Interaction of the child with each parent, siblings, relatives and persons who affect the child

4. Either parent's physical abuse or threat of physical abuse against either the child or other parent

5. Chemical dependency or abuse of either parent

6. Continuity and stability of care

7. Developmental needs of the child

8. Whether a parent has not paid birth costs or child support that they are able to pay

Keep in mind, Montana law presumes that frequent and continuing contact with both parents is best for the children unless it is proven to the court that that is not true.   If you want to restrict the other parent's contact with your child, you will have to show the court why you want to do so, and why it is in the best interests of the child to do so.

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