Montana Parenting Plans & Custody Agreements - Laws in the Montana Code & the Child"s Best Interest
Section 40 of Title 4 in the Montana Code contains the state laws concerning child custody.
Within this section of law, the state makes it very plain that all custody decisions must be made with the best interest of the child in mind.
This is especially important for parents to remember as they create a custody agreement.
The agreement must fulfill the needs of the child and promote the best welfare of the child.
To help parents focus on this, the law contains a list of factors that parents must consider when making the parenting plan.
These are factors that affect the best interest of the child.
Here are a few of the factors in the law that affect the child's best interest.
1.
The wishes of the parents and the child.
Section 40, Title 4-212 says that the state will consider the wishes of the parents and the children when making decisions about the parenting plan.
Both parents have an equal say in what goes into the plan, and both parents are encouraged to work together to make a plan they both agree on and that works for the child.
The older the child is, the more weight is given to their opinion.
2.
The child's adjustment to home, school, and community.
Title 4-212 also says that children generally do best in an environment of stability.
This extends to the school and community environment.
A custody agreement needs to be made that allows the child to continue participation in school and community events.
The child should have the same opportunities as before the parents separated.
3.
Continuity and stability of care.
Again, the state wants the children to have a consistent and stable environment.
A parenting plan should be made to provide this for the child.
There should be a continuing custody and visitation schedule that the child knows about, and the child should live in a stable home.
The state does not look favorably on continuous changes to the parenting plan.
Within this section of law, the state makes it very plain that all custody decisions must be made with the best interest of the child in mind.
This is especially important for parents to remember as they create a custody agreement.
The agreement must fulfill the needs of the child and promote the best welfare of the child.
To help parents focus on this, the law contains a list of factors that parents must consider when making the parenting plan.
These are factors that affect the best interest of the child.
Here are a few of the factors in the law that affect the child's best interest.
1.
The wishes of the parents and the child.
Section 40, Title 4-212 says that the state will consider the wishes of the parents and the children when making decisions about the parenting plan.
Both parents have an equal say in what goes into the plan, and both parents are encouraged to work together to make a plan they both agree on and that works for the child.
The older the child is, the more weight is given to their opinion.
2.
The child's adjustment to home, school, and community.
Title 4-212 also says that children generally do best in an environment of stability.
This extends to the school and community environment.
A custody agreement needs to be made that allows the child to continue participation in school and community events.
The child should have the same opportunities as before the parents separated.
3.
Continuity and stability of care.
Again, the state wants the children to have a consistent and stable environment.
A parenting plan should be made to provide this for the child.
There should be a continuing custody and visitation schedule that the child knows about, and the child should live in a stable home.
The state does not look favorably on continuous changes to the parenting plan.
