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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.
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 can petition the Court for visitation rights with a grandchild, even over the objections of a parent. This is called third-party contact, and it is usually something a parent decides on.
If you plan to take over the care of your grandchild for more than a brief period of time, or more importantly, if you wish to have legal authority over your grandchild, you will need to become your grandchild's legal guardian.
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.