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Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.
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.
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.
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.