Montana Child Custody State Law

Montana Code Annotated, Title 40, Chapter 4, Section 40-4-212 (M.C.A. Sec. 40-4-212).

The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider: the wishes of the child’s parent or parents; the wishes of the child; the interaction and interrelationship of the child with the child’s parent or parents and siblings and with any other person who significantly affects the child’s best interest; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; physical abuse or threat of physical abuse by one parent against the other parent or the child; chemical dependency or abuse on the part of either parent; continuity and stability of care; developmental needs of the child; whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child’s best interests; whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child’s best interests; whether the child has frequent and continuing contact with both parents, which is considered to be in the child’s best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child’s best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent’s household has been convicted of certain crimes; and adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

Good faith efforts must be made to comply with a parenting plan or obtain dispute resolution
before seeking to amend the plan. Also, it is presumed that if a case seeking to change the parenting plan is filed within 6 months after a child support action is brought against that parent, it is vexatious.

Fathers Rights Blog | Child Custody State Law List .. Above info from a 2004 legal publication.
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