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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.
Grandparents may wish to maintain a relationship with their grandchildren despite the wishes of the parents or legal guardians. The state law allows grandparents to seek visitation or custody of their grandchildren. However, they must first establish that the relationship is in the child's best interest.
Can a child refuse visitation in Montana? Anyone under 18 is considered a minor. As a minor, a child can't refuse to visit with a parent. However, every issue that arises in a parent-child relationship is subject to judicial review.
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.
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.