Montana Motion for Visitation at a Supervised Visitation Center

State:
Multi-State
Control #:
US-03344BG
Format:
Word; 
Rich Text
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Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


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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FAQ

(1) A person who has been granted parent-child contact under a parenting plan commits the offense of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person entitled to parent-child contact under an existing court order.

A question that comes up over and over is about moving with kids. In Montana, just because a child lives primarily with one parent, does not give that primary parent an automatic to move. The parent who desires to move with the child must seek permission from the Court.

Unmarried parents who do not reside together with their minor children also face these same issues. If an unmarried father establishes paternity, he can also seek court orders on child custody and parenting time. Parental time interference occurs when a parent actively disrupts another's allotted time with their 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.

There are different kinds of visitation rights including the following types: Supervised Visitation. If a parent poses a potential risk to a child, that parent may be awarded only supervised visitation. ... Unsupervised Visitation. Unsupervised visitation provides much more flexibility. ... Virtual Visitation.

Under MCA §45-5-304, a person commits the offense of ?custodial interference? if, knowing that he/she has no legal right to do so, takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another or to an institution.

Montana is an equitable distribution state. This means the marital property will be divided fairly and equitably but it does not mean that property will be split on a 50/50 basis. Courts must first determine which property is separate and which property is a marital asset.

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Montana Motion for Visitation at a Supervised Visitation Center