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Can My Visitation Rights Be Denied By The Court? Yes. If the custodial parent files a complaint or an injunction to the court, in order to deny the noncustodial parent, their visitation rights, the court may grant so, on the basis of the complaint.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care 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.
Do Fathers Have the Same Parental Rights as Mothers? The short answer to your question is yes, fathers do have the same parental rights as mothers.
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.
Based on this a married fathers rights over a child include the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters. A father's rights over a child will also require him to provide food, clothes and shelter for his child.
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.
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.
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.
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.