Divorce Montana Custody

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Montana Code 40-4-225 states the following.

"A parent, who is regarded as a party in the parenting plan, shall not be denied access to information and records related to a minor child, despite any other provision of law. These records are inclusive of and not limited to school, law enforcement, dental and medical records."

Factors considered by court in Divorce Montana Custody

The court adheres to the following guidelines while deciding on a custody plan.

• Due to irritating and continuous amendment actions in the parenting plan, have there been any unpleasant impacts on the child?
• The best interests of the child lie in continuing and frequent contacts with both the parents. However, post hearing, the court might conclude that contact with a specific parent would prove harmful to the child. Such a conclusion generally occurs when there is a threat of physical abuse or proof of physical abuse by one parent towards the child or the other parent
• Let us assume that a parent is capable of supporting a child financially. However, this parent knowingly fails to support this child financially. The court considers that such demeanor is not in the best interests of the child
• Sometimes. a parent does not disburse expenses pertaining to birth of the child irrespective of the fact that it is possible for him/her to do so. This is detrimental to the best interests of the child
• The developmental requirements of the minor child
• Stability and continuity of care
• Chemical abuse or chemical dependency by the father or mother
• The physical and mental health of all the persons related to the child custody case
• The adjustment shown by the child in school, at home and in the community
• The interrelationship and interaction of the child with the father, mother and siblings as well as with any other individuals who considerably impact the best interests of the child
• The desires of the child
• The wishes of the father and mother

Relocation in Divorce Montana Custody

Montana Code 40-4-217 is dedicated to this topic.

• If the father or mother plans to alter his or her residence, then this parent must submit a written notice to the other parent
• Sometimes, the alteration in residence of one parent hampers the contact that the child has with the other parent to a great extent
• When the situation mentioned in the previous point exists, the parent seeking alteration of residence must serve the notice in person or by certified mail, minimum thirty days prior to the date on which the alteration would take place
• The above mentioned notice must comprise of a prospective revised residential schedule
• The parent must file a proof of service of the above mentioned notice in the court that announced the original parenting plan
• It is expected that the parent who receives the written notice must respond to it and/or try for some modification in the residential schedule
• The 2 actions mentioned in the previous point must be done within thirty days from the date of service
• If the parent, who receives the written notice fails to offer a response, then this is equivalent to an acceptance of the prospective revision of residential schedule

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