This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
Montana Grounds for Involuntary Termination of Parental Rights
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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.
Finding Of Unfitness (b) the parent has willfully abandoned the child, as defined in 41-3-102, in Montana or in any other jurisdiction of the United States; (i) aggravated assault on the adoptee, as provided in 45-5-202; (ii) sexual assault on a child, as provided in 45-5-502;
If you do not participate in the services set forth in your reunification plan, the court can terminate your services. If your services are terminated that means that the goal for your case has changed from getting you back together with your child to finding a permanent home (that is not with you) for your child.
Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.
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.
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.
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.