Montana Child Custody Laws

Montana Child Custody Issues & Resources

Montana Child Custody


Montana child custody may be awarded based upon the best interests of the child. In determining best interests, the Court will consider the following factors: 

  • the preference of the child; 

  • the wishes of the parents;

  • the child's adjustment to his or her home, school, and community; 

  • the mental and physical health of all individuals involved; 

  • any history of misconduct towards the spouse or child; 

  • any chemical dependency or abuse by a parent; 

  • the relationship of the child with parents, siblings, and other significant family members;

  • the continuity and stability of the child's care;

  • the developmental needs of the child; 

  • whether a parent has failed to pay any of the child's birth-related costs;

  • whether the child has frequent and continuing contact with both parents; 

  • any adverse effects on the child resulting from one parent's continuous and annoying efforts to amend parenting plans.  Annoying is meant to refer to efforts to:

    • amend a parenting plan within 6 months of a prior plan and 

    • efforts to amend a final parenting plan without having made a good-faith effort to comply with the plan; and 

  • whether a parent has failed to financially support the child.

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