This form is a generic affidavit that may be referred to when preparing an affidavit of a mother of a child for constructive service of the father who deserted the mother and abandoned their minor Child.
Montana Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child
Category:
State:
Multi-State
Control #:
US-00875BG
Format:
Word;
Rich Text
Instant download
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How to fill out Affidavit By Mother For Constructive Service Of Father Who Deserted Mother And Abandoned Minor Child?
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FAQ
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.
In Montana, sole physical custody is given to the parent with whom the children spend the most time with. Montana shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children.
A parent can lose their parental rights because of abuse and/or neglect. The State can terminate parental rights as part of a Dependency Neglect (DN) case in which there is abuse and/or neglect of a child. You can read the law for yourself at Montana Code Annotated (M.C.A.) § 41-3-422.
If the court determines that there is prima facie evidence that the child was abandoned by the child's parent, the court shall within 3 business days of its determination of prima facie evidence enter appropriate findings of fact concerning the abandonment and enter an ex parte order approving and ordering continued ...
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.
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.
