Child custody (or “parenting time”) refers to the legal and physical rights and responsibilities that parents have regarding the care, upbringing, and decision-making for their children. Attorney Paul Moses has handled countless cases involving child custody and parenting time and would be happy to discuss your case and questions. Call us at 406.630.3032.
Montana recognizes two types of child custody: legal custody and physical custody. Legal custody refers to the authority to make important decisions about the child's welfare, while physical custody determines where the child primarily resides.
Montana courts prioritize the best interests of the child when determining custody arrangements. Factors such as the child's age, physical and emotional needs, the parents' wishes, the parents' ability to care for the child, the child's relationship with each parent, and any history of abuse or domestic violence are considered.
Yes, Montana law allows the court to consider the reasonable preference of the child, depending on their age and maturity level. However, the court will still prioritize the child's best interests above their preference.
Yes, child custody arrangements can be modified if there is a significant change in circumstances or if it is in the child's best interests. However, the court will carefully review and consider the reasons for the requested modification.
Yes, grandparents or other relatives may seek custody of a child in Montana under certain circumstances. They would need to demonstrate that it is in the child's best interests to be placed in their custody instead of the parents'. See our FAQ page dedicated to Grandparents' Rights in Montana.
Montana takes domestic violence and child abuse allegations seriously. The court will prioritize the safety and well-being of the child, and in cases involving abuse or domestic violence, appropriate protective measures may be implemented, such as supervised visitation or the denial of custody rights.
Yes, the court may consider the behavior of the parents during the custody proceedings, including their willingness to cooperate, promote a positive relationship between the child and the other parent, and follow court orders. Such behavior can impact the court's custody decision.
No, but you can do your own brain surgery, too. In either instance, the results will be the same: bloody and irreversible. So while you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to child custody and parenting time in Montana.
08:00 am – 04:00 pm
The firm's offices may, from time to time, be staffed on a part-time basis, by appointment only, or by staff working remotely, including working remotely from out-of-state.