How child custody is determined in Montana

For any parents going through a divorce, child custody is likely high on the list of their concerns. To help negotiate that process, it is helpful for divorcing parents to be familiar with how child custody is determined in Montana.

How child custody is determined

Child custody is determined based on an evaluation of a variety of different factors with the goal of what is in the best interests of the child in mind. The factors are used to determine what child custody arrangement would be best for the child and would support the child’s overall well-being and safety.

Child custody factors

Factors that are considered to determine what is in the best interests of the child includes the wishes of the parents; the wishes of the child; the mental and physical health of the parents; the child’s adjustment to home, school and community; the needs of the child; the child’s relationship with their parents, sibling and extended family members; if either of the parents has knowingly failed to financially support the child; and any history of abuse between the parents.

Work together in the child’s best interests

Parents are encouraged to work towards a child custody arrangement that is best for their child using these considerations but the family law court can also help if they are unable to do so and will evaluate the list of factors when determining child custody. The process will be used to determine legal and physical custody of the child. Child custody is important to children, parents and families which is why it is helpful to have an understanding of how it is determined.