Posted by James
I was looking into Montana Child Custody Laws when all of a sudden it occurred to me: child custody is pretty much a common sense concept.
When the court is deciding who the custodial parent will be, they take into consideration the wishes of the parent and also the wishes of the child. However, it is important to note that the court is not bound by the child’s preference. Rather, they are looking to see if the child’s choice is valid.
The court will also look at things like the interaction between the child and his parents, adjustments to school, home, and community, the mental and physical health of all those involved, and possible and ongoing abuse.
Here are some basics regarding child custody. When parents divorce, the divorce decree will state whom the children will live with, as well as the visitation rights of the other parent. In most cases, the parents will work out these arrangements between themselves, sometimes with the assistance of their lawyers or a mediator. However, sometimes the court does have to step in and make decisions, specifically when the parents can’t come to an agreement, or when unmarried parents can’t agree on who will have custody of their child.
In most situations, the parent with whom the child will live most of the time is awarded physical custody. However, the parent who has physical custody of the child often shares legal custody with the non-custodial parent. Parents with legal custody are allowed to make decisions about the child’s education, religion, health care, and other concerns.
Some parents choose joint custody, in which the child or children spend an equal amount of time with both parents. Many parents choose this arrangement because it lessens the feeling of loss a child might have as a result of a divorce. However, parents who go the joint custody route must be willing to cooperate and demonstrate the ability to make joint decisions.
Another less popular option is split custody, in which the children are split between the parents. However, courts generally prefer not to separate siblings.
When the child’s parents are unmarried, custody is usually awarded to the mother unless the father takes action to be awarded custody. It is usually pretty difficult for an unwed father to gain custody of his children unless the mother is unfit.
I hope you’ve learned something about Montana Child Custody Laws. Thanks for reading.
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