Co-Parenting App for Montana Parents

What Montana courts consider in custody decisions

Montana courts consider factors under § 40-4-212 including the wishes of both parents, the wishes of the child, the interaction and interrelationship of the child with parents and siblings, the child's adjustment to home/school/community, the mental and physical health of all parties, physical abuse or threat of physical abuse by either parent against the other parent or the child, chemical dependency or chemical abuse on the part of either parent, continuity and stability of care, the developmental needs of the child, whether a parent has knowingly failed to pay birth-related costs without good cause, and whether a parent's excessive use of litigation has the effect of harassing the other party. Montana specifically includes 'adverse effects of the child's witnessing conflict' as a consideration.

How the custody process works in Montana

Montana custody cases are filed in District Court. Under § 40-4-234, parents are required to submit a proposed parenting plan that addresses the child's residential schedule, decision-making authority for healthcare/education/religious training, and a dispute resolution process. If parents cannot agree on a plan, each must submit their own proposed plan and the court will impose one after a hearing. Montana offers court-connected mediation services and judges may order parents to attempt mediation before trial.

Key Montana custody statutes

• Mont. Code § 40-4-212
• Mont. Code § 40-4-234
• Mont. Code § 40-4-219