Divorce Montana Custody

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The settlement of divorce custody proceedings and hearings in any state are usually carried out according to the state laws and the rights defined by the judiciary system. If the divorcing spouses have children during their divorce process then they need to fulfill some additional legal formalities. These legal formalities basically include all child related decisions such as child custody and child support to be continued after parent's legal separation. Generally, it is expected that the divorcing partners should reach a common agreement on their own. However, if they are unsuccessful to do so, then the court is allowed to declare the fair decision after proper supervision of the situation. The primary aim of the court judge is to order decision only after considering the best interest of the child. Divorce custody in Montana is also awarded on the basis of custody laws defined for this state. The divorce custody finally results into either sole or joint custody to both the divorcing parents. It is important to categorize the custody responsibilities in two major parts. The physical custody and legal custody.

In Montana, the physical custody decides the resident of the child whereas the legal custody reflects all rights to take decisions related to education, health and the overall welfare of the child.

Factors considered by court during custody hearings in Montana

The court adheres to the following guidelines while deciding 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 financially support this child. The court considers that such a demeanor is not in the best interests of the child.
• Sometimes a parent does not disburse expenses related to the birth of the child, irrespective of the fact that it is possible for him or 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 and availed facility
• Drug abuse or drug 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 reasonable preferences of the child
• The ability and desires of the father and the mother

The above topic has been covered in Montana Code 40-4-212.

Relocation laws associated with Divorce Custody in Montana

Montana Code 40-4-217 is dedicated to this topic and covers all possible factors that are to be considered before bringing any modification to the custody plan:

• 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 at least 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
• All kind of actions related to the child custody matter must be done within thirty days from the date of service
• If the parent who receives the written notice fails to provide a response, then this is equivalent to an acceptance of the prospective revision of residential schedule

The divorce custody in Montana usually takes place after considering some essential factors such as the best interests of the child, and the child's state of health.

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