In Montana, courts look at factors to decide what is in the best interests of the child. See my blog post on the Best Interests of the Child standard in Montana.
Although it seems that mothers are always awarded "custody" (now called parenting or residential parent in Montana), that is not always the case. Courts are gender neutral. Montana courts decide what will be in the best interests of the minor child, and award parenting time accordingly.
If a mom is a stay-at-home mom, she may be awarded more time with the child because she doesn't work and is able to spend more time parenting (depending on how equal other factors are, etc.). This is especially true when the child is very young and still breast-feeding, the infant at this time cannot be away from their mother for long periods of time, and thus will spend more time with their mother.
In general, courts in Montana (especially Flathead County) appreciate the need to have both parents involved, and would like to see parenting time divided accordingly. The least intrusive, easiest transition for the children to have the most time possible spent with each parent, and still be in the best interests of the child, seems to be the best arrangement.
All cases are unique. Discuss this with your family law lawyer, who can give you advice on your particular case and needs.
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