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Montana Child Custody Laws

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The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider all relevant parenting factors, which may include but are not limited to:

  • The wishes of the child's parent or parents.
  • The wishes of the child.
  • The interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest.
  • The child's adjustment to home, school, and community.
  • The mental and physical health of all individuals involved.
  • Physical abuse or threat of physical abuse by one parent against the other parent or the child.
  • Chemical dependency (as defined in 53-24-103), or chemical abuse on the part of either parent.
  • Continuity and stability of care.
  • Developmental needs of the child;
  • Whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests.
  • Whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests.
  • Whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent's household has been convicted of any of the crimes enumerated in 40-4-219(8)(b).
  • Adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

[Based on Montana Code - Section 40 - Title: 4-212]


How Can I Get Montana Child Custody Help?
  1. Download The How to Win Child Custody E-Book. Get exclusive child custody information and strategies to enhance your child custody case -- to download now click here.
  2. Schedule a Coaching Appointment. See below for details on how to schedule a one-on-one coaching session to discuss your situation with me -- Steven Carlson, Child Custody Coach�.
  3. Consult a Montana Child Custody Lawyer. If you need legal advice you'll want to consult a Montana child custody lawyer to learn where you stand legally and what your legal options are.
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Phone Coaching with Child Custody Coach�

The phone coaching sessions are designed so you can have a fast, efficient, and economical way of scheduling a coaching session to discuss your child custody, child custody evaluation, and/or divorce related matter via telephone in the comfort and privacy of your own home. Phone coaching is flexible and allows you the opportunity to request an appointment before work, after work, or on a weekend or at any time that is convenient for you. The phone coaching session can often be scheduled and take place the same day payment is made and forms are received for those seeking immediate coaching. For full details about fees and how to get started click here.


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The in-person coaching sessions are designed for parents who prefer face-to-face meetings and are held in Orange County California. Southern California residents in Orange County, Los Angeles, Ventura, Long Beach, Riverside, San Bernardino, and San Diego will often request to discuss their matters with me in-person. In-person coaching sessions are held in the Mission Viejo area or Costa Mesa area in South Orange County California and are an option made available to persons who can travel to one of these two locations. For full details about fees and how to get started click here.


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Monthly coaching is designed to provide ongoing coaching and support throughout the month and provides for an economical way of receiving such support on matters such as divorce, child custody, move-aways, post-judgment modifications, child custody evaluations, etc. Fees are known up front so there are no surprises. This also allows you to choose the plan that is right for you and also works within your budget. Weekly coaching sessions and email communications allow you to discuss your child custody matters, developments, and results regularly throughout the month. For full details on fees and how to get started click here.