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No, a parenting plan is not legally binding, but if you both agree it could be shown in court to explain what the arrangements have been to date. To make a legally binding order you will need to apply for a child arrangements order. You can do this by consent but you would both still need to attend your local court.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
A parenting plan is not automatically legally binding. However, there is the option of formalising the agreement through a Consent Order.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Montana is not one of those states. 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.
What should my parenting agreement contain?A parenting time schedule.Information about how the parents will make decisions for the child.Information about finances and expenses.Parenting provisions (rules about raising the child)Any other information you want to include.
Parenting plans A parenting plan is a written record of an agreement between the parents about the care of the children that is also signed and dated. However, it is not a legally enforceable agreement. There is no required format for a parenting plan.
A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court. Ultimately, it is going to be the opinion of the court and what is in the best interest of the child.
Father's Right to Child Support in Montana In cases where fathers are awarded the role of primary custodian, they have the same rights to collecting child support from the child's mother as a mother would in the same position, and fathers also have equal access to child support enforcement services through the state.
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.