1.) A Will that meets your specific needs;
2.) A Living Will;
3.) A General Power of Attorney for Property and Finances effective immediately;
4.) A General Power of Attorney for Care and Custody of a Child or Children;
5.) A Financial Statement form for a Husband and Wife;
6.) A Parental Permission and Medical Consent form; and
7.) Personal Planning Information and Document Inventory Worksheets.
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File the original Motion to Amend Parenting Plan, Supporting Affidavit, Proposed Amended Parenting Plan, Order to Show Cause, and Order Amending Parenting Plan with the Clerk of District Court in the county where your original Parenting Plan was filed. Give the Clerk of Court a self-addressed stamped envelope.
The physical well-being of the child: For example, focus on your child's routine, sleeping habits, eating schedule, and after-school activities. The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent.
California courts only allow parents to terminate their parental rights voluntarily under specific circumstances. Generally, it is only possible to give up parental rights for the purposes of adoption.
Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
There are a few exceptions, but, generally, Montana courts do not have jurisdiction to make judgments regarding the children unless they have resided in the state for at least six months (M.C.A. § 40-4-211).
You can demonstrate this by showing that you have enrolled your child in school, are involved in his or her education and upbringing, have participated in extracurricular activities, and have made other parenting decisions demonstrating an interest in nurturing your child.
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."
