Montana Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child

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Multi-State
Control #:
US-01122BG
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Word; 
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Description

In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child

How to fill out Affidavit By Grandparents In Support Of Petition By Grandparents For Visitation Rights With The Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?

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FAQ

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.

Do I have a legal right to grandparent visitation? 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.

Under Montana law, anyone under the age of 18 is considered a minor. (Montana Code Annotated - Title 41 §1-101.) As a minor, a child technically can't refuse to visit with a parent. But remember, virtually every issue that arises in a parent-child relationship is subject to judicial review.

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.

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.

A: Yes, grandparents in California have the right to seek court-ordered visitation with their grandchildren. This means that grandparents can file a petition with the court asking for regular visits with their grandchildren.

This means that grandparents can apply to the court and try to show that it is in the best interests of the child for them to have custody or access rights.

Grandparents may seek visitation or custody when the parents of their grandchildren are divorced or separated, one or both of the parents are deceased, or when there is a history of abuse or neglect. Courts consider a variety of factors depending on which of the scenarios has brought an individual before the court.

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Montana Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child