Grandparent Rights In Montana For Child Custody
Description
How to fill out Montana Petition For Grandparents Visitation?
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FAQ
Montana statutes present several avenues where grandparents can file an action with courts to obtain custody, visitation, and/or some other rights to their grandchildren.
In Montana, grandparents have a legal right to request reasonable contact with their grandchildren at any time, including before or after one parent's death, divorce, and/or separation. This right applies to biological or adoptive grandparents and great-grandparents.
In Montana, the court system uses parenting plans to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.
You must file a "petition," (formal written request) with the court in the county where your grandchild lives. In your petition, you will describe your proposed schedule for court-ordered time.
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.