What is required to modify child custody in Montana?
Full Question:
I live in Montana. My husband and I are separated and we had agreed that he could retain custody of our 6-year-old son. I pay child support and visit the child often. In my last visit, I noticed that our son shows certain behavioral problems. In this circumstance, I would like to modify the custody arrangement. What is the provision available in Montana in this regard?
01/04/2017 |
Category: Minors ยป Custody |
State: Montana |
#29427
Answer:
“(1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220(1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220(2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.
(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
(3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
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