2024 Guide to Montana Child Custody Lawyers

In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at several factors in making this determination, such as the parents’ desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child must move to a new area, and, if old enough, the child’s wishes. Courts consider each case on the individual needs of the children, including:

• Age and development
• Stability and continuity
• Parental cooperation
• Parental fitness and capacity
• Parent-child relationship

Separating parents' rights will vary depending on the type of child custody and visitation. Legal custody is the court-granted right to make major decisions on behalf of the child. This includes choice of schools, religious education, health care, and discipline. Physical custody determines where the child will live and what visitation rights will be awarded.

Most child custody arrangements are "joint custody," or "shared custody." Both parents have joint legal custody, even if one parent has more time with physical custody. For example, a child may live primarily with one parent. But this does not necessarily mean the parents do not have joint legal custody. Both parents have the right and responsibility to make major decisions in the child’s life and adhere to a parenting plan that outlines the specific arrangement.

There are specific legal procedures that are needed to modify an existing child custody or visitation order. The process may vary from state to state and on the specific circumstances of each case. Consulting with an attorney is important to understand the laws in your area. Generally, steps include:

• Review existing order
• Determine meaningful change in circumstances
• Mediation or negotiation
• File a motion
• Court hearing
• Obtain modified order

FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from divorce to personal injury to estate planning.

Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

Use the contact form on the profiles to connect with a Montana attorney for legal advice.

There are two common types of custody in terms of parental rights and the best interests of the child: sole custody and joint custody. Beyond this, there are also two different categories in which custodial rights can fall — physical and legal.

• Sole custody refers to situations in which it is determined that it is in the child's best interest for one parent to remain in physical or legal custody (or both).
• Joint custody, by contrast, describes scenarios in which both parents are entitled to either physical or legal (or both) custody of a child, involving set scheduling and honest negotiation as to potential legally material choices being made on behalf of a minor.
• Physical custody is as it sounds, where the parent retains actual, physical custody of the children. Parents with sole physical custody of a child do not necessarily have to allow visitation from other parents, although courts may determine that such visits are in the child's best interests (or not). In some situations, courts need not make a judgment, as both parents can come to an agreement on their own as to any potential visitation schedule.
• Legal custody is a different matter entirely, and this term refers to a parent (or parents who share joint legal custody) who is entitled and empowered to make decisions for the child at the center of a custody case. Which school to attend, which religious ceremonies or places of worship to patronize, and other important life decisions are made by the parent (or parents) who hold legal custody.

How to Obtain Custody of Your Child

In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at a number of factors in making this determination, such as:

• The parents' desire and ability to care for the child.
• The emotional bond between the child and both parents.
• The adjustment needed if the child has to move to a new area.
• If the child is old enough, the child's wishes.

Frequently, parents or other adults who have raised a child will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you've had exchanging the child from one home to the next, and anything else that's relevant to the situation. Hopefully, you can come to a resolution everyone can live with. Otherwise, the judge may make a parenting plan that neither parent is happy with. However, it's important to note that if there was domestic violence in your relationship with the other parent, you may be able to skip mediation.