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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.
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.
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.
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.