Full question:
My husband and I reside in Montana. I have a 4-year-old daughter from my previous marriage and she lives with us. Her father does not show any affection or care to her. He missed many visitation opportunities and has paid only 25-30% of the child support he owes. But the stepfather has established a parent-child relationship with my daughter and is attached to her. Is there any provision in Montana entitling a third person with parental interest?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Montana
Answer:
In Montana, a court can grant parental rights to someone other than a biological parent if certain conditions are met. Specifically, the court must find clear and convincing evidence that:
- the biological parent has acted in ways that harm the child-parent relationship, and
- the nonparent has developed a meaningful child-parent relationship, and
- it is in the child's best interest to maintain that relationship.
This is outlined in Mont. Code Ann. § 40-4-228. Notably, the court does not need to declare the biological parent unfit to award these rights to a third party.
For visitation rights, the court will also consider the child's best interests. If a biological parent permits their child to live with others for a significant time, this can be seen as behavior that harms the parent-child relationship.
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.