Full question:
I live in Montana. My husband and I are separated and we had agreed that he could retain custody of our 6-year-old son. I pay child support and visit the child often. In my last visit, I noticed that our son shows certain behavioral problems. In this circumstance, I would like to modify the custody arrangement. What is the provision available in Montana in this regard?
- Category: Minors
- Subcategory: Custody
- Date:
- State: Montana
Answer:
In Montana, the changed circumstances rule and best interests test are applicable when a parent seeks modification of a de facto custody arrangement. Parents are in a much better position to determine custody arrangements. The best interests of the child were served by continuing the initial custody arrangement. The exception to the changed circumstances rule should also be considered. This provision has been provided in 40-4-213, MCA, that reads as follows:“(1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220(1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220(2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.
(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
(3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
***”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
